Justice Mary Itsueli of the Benin High Court has sentenced Enaho Odigie, a member of a vigilance group in Egba community, Uhunmwonde Local Government Area of Edo State, to life imprisonment for raping a 12-year-old girl on August 22, 2021.
According to DAILY POST, Odigie committed the crime at around 6 pm on Ogieva Street, off Benin/Auchi Road, behind First Bank, Aduwawa in Benin City.
In her judgment on Friday, May 24, 2024, in suit number B/CD/24CV/21, Justice Itsueli stated that the offense contravened Section 4 and is punishable under Section 5(1) of the Edo State Violence Against Persons Prohibition Law 2021. She clarified that under Section 4 of this law, a person convicted of rape is liable to life imprisonment without the option of a fine.
The judge emphasized that the prescribed punishment did not allow for judicial discretion and, having found the defendant guilty, sentenced him to life imprisonment. Additionally, she ordered that the defendant's photograph be deposited in the court and registered on the register of sexual offenders.
Justice Itsueli noted that it was irrelevant that the defendant and the victim were not found in a compromising position, as rape is often committed in secret, with only the victim and perpetrator as direct witnesses. She highlighted that corroboration in such cases confirms material aspects of the victim’s testimony rather than providing direct evidence.
Both the victim and the defendant testified that they did not know each other before the incident. The judge, referencing the defense counsel’s argument, affirmed that the standard of proof in a criminal trial is beyond reasonable doubt. She concluded that the evidence left no doubt that the victim was raped by the defendant.
Given the seriousness of the offense, Justice Itsueli imposed the mandatory sentence of life imprisonment for unlawful carnal knowledge. She also stated that the testimony of Pw2 (the victim) was consistent and unchallenged during cross-examination, demonstrating that penetration occurred without and could not have occurred with the victim's consent.
Earlier, the prosecution, led by Mrs. Stella Okojie, presented four witnesses and three exhibits, while the defendant testified on his own behalf.