The Ikeja Sexual Offences and Domestic Violence Court, presided over by Justice Ramon Oshodi, on Tuesday, sentenced 64-year-old Lateef Durojaiye to life imprisonment for defiling his neighbour’s 11-year-old daughter.
The defendant was initially arraigned on December 6, 2019, at the Magistrate Court, Ikorodu, on a one-count charge of defilement and was later arraigned before the High Court on August 5, 2021, on the same charge.
The case was later struck out on November 29, 2021, for want of diligent prosecution and then relisted on May 22, 2022 when the defendant was re-arraigned, and he pleaded not guilty to the charge brought against him.
Following an amended charge by the prosecution on January 24, 2024, the defendant was re-arraigned on April 16, 2024, on a count of defilement.
His charge read, “Statement of offence, defilement of a child contrary to Section 137 of the Criminal Law, Chapter 617, Volume 3 of Laws of Lagos, 2015. Particulars of offence: Lateef Durojaiye, on or about November 30, 2019, at about 3 pm at no, 7 Anibaba Andrew Street, Ikorodu Lagos, in Ikeja Judicial Division, did defile the prosecutrix, aged 11 years old, by having unlawful sexual intercourse with her.”
The prosecution counsel, B. T Boye, I. D. Solarin and B. E. Okeowo, called five witnesses, the prosecutrix’s mother, the prosecutrix herself, the Investigative Police Officer, Inspector Adeoye Fumilayo, Sherifat Bakare, and Dr Emmanuel Effiong.
The prosecution disclosed that on November 30, 2019, while the prosecutrix’s mother was away purchasing goods, the defendant who was her tenant and neighbour, visited her residence and had sexual intercourse with the prosecutrix.
According to the prosecution case, the crime was discovered five days later after the the prosecutrix was observed limping, which led to a medical examination that revealed injuries consistent with forceful penetration as testified by the medical doctor.
PUNCH Metro gathered that the defence’s first witness, the defendant, claimed he was on Lagos Island with his brother on the day of the alleged incident and claimed that the allegations were fabricated by his landlord, who he said he had a dispute with.
The prosecution stated that a series of incidents presented established a fact of escalating sexual misconduct. According to their case, the first incident involved the defendant showing the prosecutrix pornographic content and asking her if she could perform the act.
“On that day, he came to our house and gave me a phone and put the phone on video, and what was showing was blue film. He asked me if I could do what was in the video. My younger brother heard and asked what the defendant wanted me to do. The defendant then dragged the phone from me and I now stood up. My brother asked what happened and I told him, then my brother went to report to our neighbours who informed our mother, who warned the defendant not to come to our house again,” he stated.
The prosecution further disclosed that the second and more serious incident happened when the defendant defiled the prosecutrix. According to the prosecutrix, the defendant defiled her and threatened to kill her if she reported to her mother.
“On 30th November 2019, the defendant came to buy ggarri, and the neighbour my brother earlier reported to was the one who gave him a bowl and spoon to drink the garri. On that day, I came in and shut the door but our net was torn, so I shut the door and entered inside. I was sleeping and had the sense that someone was pulling off my underwear. By the time I opened my eyes, he had taken off his trousers and brought out his penis. When I shouted, he used a pillow to cover my mouth and inserted his penis into my vagina. When I threatened him that I would report, he said if I reported to my mother, he was going to kill me”, she said.
The prosecutrix’s mother also alleged that the defendant and his brothers came to plead with her to forget the case.
“On the second day, they asked us to come back around 10 am. So, when it got to 8:30 am, the defendant’s elder brother and younger brother came to meet me at home. They asked me to forget the matter, and that they would give me N300,000. I told them that I did not need their N300,000 and I told him, “Baba, you too, you have your female child, why did you not bring your daughter let my father sleep with her because you cannot accept what you are telling me to accept.’”
During his judgement, Justice Ramon Oshodi stated that the prosecution had established the case of defilement against the defendant by the standard required of Section 139 (1) of the Evidence Act and found the defendant guilty of defilement.
“I therefore find the defendant guilty of defilement and convict him under Section 137 of the Criminal Law.”
The prosecution counsel, BT Boye, then appreciated the witnesses for coming out and encouraged the witnesses to show up for justice to prevail.
“I want to commend the witnesses in this case for coming out and want to encourage witnesses in all other cases to always come out. It is by coming out that justice is assured and secured for the complainant and the defendant. We humbly apply that the name of this convict be entered into the sexual offenders register.”
In his sentencing, Justice Ramon condemned the defendant’s exploitation of a child, emphasising the severe breach of trust due to familiarity with the family. He stressed the gravity of abusing a position of trust, particularly given the family’s kindness towards the defendant and sentenced him to life imprisonment.