Court Throws Out Application Of Trader Who Allegedly Defiled 11-Year-Old girl In Toilet
Justice Sedoten Ogunsanya of the Lagos State High Court in Igbosere has thrown out a no case submission application filed by a trader, Emmanuel Egejuru, who allegedly defiled his neighbour’s 11-year-old daughter.
Justice Ogunsanya while ruling on the application on Tuesday ordered Egejuru to enter his defence holding that the prosecution team led by Adebayo Haroun had made a prima facie case against him which required some explanations from him.
The court also held that the defendant has been sufficiently linked to the one-count charge of defilement contrary to Section 137 of the Criminal Law of Lagos State, 2011.
She stated, “His no-case submission is overruled. The defendant is hereby called upon to enter his defence.”
The Lagos State government had alleged that Egejuru committed the offences “sometime in the month of November 2017 and February 2018.”
He, however pleaded not guilty to the charge.
While arguing his no-case submission, the defendant had disputed the prosecution’s claim that Hayatu was a minor.
He contended through his counsel, Christian Emewulu, who later withdrew from the case, that the age of the victim was not established and there was no birth certificate.
The defendant also faulted the prosecution’s failure to tender a medical report to prove defilement.
Emewulu said Egejuru did not rape Hayatu.
The lawyer maintained that Egejuru and Hayatu had consensual sex in the toilet.
But the prosecution insisted that Hayatu was defiled.
In his opposition to the application, the prosecutor, Haroun told the court that the crime was reported to the police by Hayatu’s elder brother Isiaka Mohammed with whom she lived in the tenement building in Iyana Ipaja.
He said Mohammed informed the police that when he returned from work, he became suspicious when he saw Hayatu “walking somehow.”
The prosecution also told the court that another neighbour, Mrs Grace Ubong, corroborated Mohammed’s claim.
Ubong reportedly saw Hayatu go into the toilet, followed soon after by Egejuru. The girl later came out crying and walking awkwardly, she said.
Haroun also submitted that the girl was below 18, so, there was no need to produce a birth certificate.
Following the ruling, however, Egejuru declined to enter a defence.
His new counsel, Chief O. Etudo, said the defendant would not testify.
Etudo added: “Therefore, we ask for a date to file our final written address.”
Justice Ogunsanya adjourned till June 27 for adoption of the parties’ final written addresses.