An Edo State High Court sitting in Benin has discharged and acquitted a lecturer with the University of Benin, UBTH, Dr Omowumi Ekundayo Steven of alleged sexual assault and rape of a final year female student of the institution.
Justice (Mrs) Mary Itsueli discharged and acquitted the lecturer in a judgement delivered on Friday, October 25, 2024.
Steven, a lecturer in the Department of English and Literature, has been standing trial over the alleged sexual assault and rape since 2022.
In her judgment in the suit marked B/CD/8CV/22, Justice Itsueli averred that the prosecution team failed to prove their case against the accused.
The court also discharged and acquitted the accused for lack of substantial proofs and evidence.
While upholding no case of submission filed by the defense counsel and former Attorney General and Commissioner for Justice, Edo State, Osagie Obayuwana, the court maintained that the evidence of the complainant was not corroborated with the evidence of other five prosecution witnesses.
Justice Itsueli also averred that the prosecution team also failed to tender the University of Benin Teaching Hospital’s, UBTH, medical report as exhibit to the court during the trial.
According to her, the prosecution team could not establish the three main ingredients of rape which she listed to be penetration, sexual intercourse and no consent.
She opined that the penetration must be linked with the defendant.
“The police never carried out thorough investigation before charging the accused to court.
“The prosecution case is bereft of evidence and in a criminal case, the claimant is required to prove his/her case beyond reasonable doubt.
“I found no reason to call the defendant to enter the dock for his defense. No case submission of the defense counsel is hereby upheld.
“The case is hereby dismissed for lack of evidence and the accused is discharged and acquitted,” Justice Itsueli ruled.
Recall that the accused was on October 5, 2021 accused of sexually assaulting a final year female student of the department in his office.
Following the allegation, the lecturer was issued a query and placed on interdiction pending the final determination of the case in court by the management of the university.
He was also arrested and arraigned for sexual assault, but was granted bail on stringent conditions.
