Edo Court acquits UNIBEN lecturer Ekundayo of rape, dismisses case on lack of proof
Ekundayo
Published By: Kazeem Ugbodaga By Jethro Ibileke
After a three-year legal battle, an Edo State High Court on Friday discharged and acquitted University of Benin (UNIBEN) lecturer, Dr. Omowumi ‘Labode Steven, of alleged sexual assault and rape of a 400-level female student of the institution.
Steven, also known as Dr. Bode Steve Ekundayo, is a Senior Lecturer in the Department of English and Literature at the university.
He had been accused of sexually assaulting a final-year female student of the department in his office on 5 October 2021.
Following the allegations, UNIBEN management issued Ekundayo a query and placed him on interdiction pending the case’s conclusion in court.
He was subsequently arrested and arraigned for sexual assault but later released on bail under stringent conditions.
Edo Court acquits UNIBEN lecturer Ekundayo of rape, dismisses case on lack of proof
In her ruling on suit B/CD/8CV/22, Presiding Judge Justice Mary Itsueli noted that the prosecution failed to substantiate its case.
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Justice Itsueli upheld the “no case submission” filed by the defence counsel, former Attorney General and Commissioner for Justice of Edo State, Dr. Osagie Obayuwana, asserting that the testimony of the complainant (PW1) lacked corroboration from the remaining five prosecution witnesses.
The judge also highlighted that the prosecution did not present the University of Benin Teaching Hospital’s (UBTH) medical report as evidence during the trial.
Justice Itsueli observed that the prosecution team could not establish the three key elements of rape: penetration, sexual intercourse, and lack of consent, and that there was no evidence linking the alleged penetration to the defendant.
She further ruled that the police had not conducted a thorough investigation before pressing charges.
“The prosecution case is bereft of evidence, and in a criminal case, the claimant is required to prove his/her case beyond reasonable doubt,” said Justice Itsueli.
“I found no reason to call the defendant to enter the dock for his defence. The defence counsel’s no case submission is hereby upheld. The case is hereby dismissed for lack of evidence, and the accused is discharged and acquitted,” she concluded.
