A Special Offences and Domestic Violence Court, sitting in Ikeja, Lagos, presided over by Justice Rahman Oshodi has convicted and sentenced a man, Niyi Oyerogbe to 14 years imprisonment for attempted to commit sexual assault on a 12 year old girl.
The judge found Oyerongbe guilty of the charge brought against him by the government of the State of Lagos.
The convict was initially charged for defilement of a child on a one-count information dated December 16, 2019, filed on January 13, 2020.
He pleaded not guilty at his initial arraignment on July 13, 2020 before Justice Sybil Nwaka before she was elevated to the Court of Appeal.
The matter was therefore reassigned to Justice Oshodi and the convict was re arraigned on December 2, 2021 and he also pleaded not guilty.
The prosecution had called two witnesses, Dr. Alagbe Oyedeji’s (PW1) and Inspector Adaobi Iwerebor’s (PW2), who gave compelling evidence that significantly implicated the defendant and tendered documents and admitted as exhibit A-E3.
Dr Oyedeji’s medical examination of the 12-year-old prosecutrix, revealed physical evidence consistent with recent
forceful vaginal penetration. The doctor’s findings of hymenal
transection and genital bruising were particularly damning.
The defendant therefore approached the prosecution for a plea bargain. Oyerogbe was however, re-arraigned on an amended charge dated June 13, 2024 on offenses bordering on attempt to commit sexual assault by penetration.
The prosecution said on February 23, 2018 at about 10:30 pm at No. 49, Ishiba Oluwo Street, Egbeda, Lagos, he attempted to sexually assault a 12 years old girl, by trying to penetrate her vagina with his penis.
His offence was contrary to section 26 (2) of the Criminal Law, Ch, C.17, Vol. 3, Laws of Lagos State, 2015 and he pleaded guilty.
The prosecution counsel, Ms B. E. Okeowo therefore urged the court to convict the defendant and sentence him according to the plea bargain agreement.
The defendant counsel, Mr. Worrer Obuagbaka confirmed that he had explained the plea bargain to the defendant adding that they both signed the agreement.
The court held that he was satisfied that the convict fully understood
the nature and gravity of the criminal allegation against him. He admitted that he made the guilty plea voluntarily and was satisfied
with the advice of his counsel.
Justice Oshodi held that he was satisfied from the evidence presented by the prosecution, the essential elements of an attempt to commit sexual assault by penetration have been established, there is abundant evidence to support his conclusion.
“The defendant’s guilty plea further justifies his conviction for the lesser offence delineated in the amended information. I find the defendant guilty and convict him under section 262 of the Criminal Law of Lagos State 2015.
I have carefully considered the facts of this case, the evidence presented, and the terms of the plea and sentence agreement (Plea Bargain) entered into by both parties. The gravity of your offence cannot be overstated.
“You assaulted a 12-year-old child sexually but have pleaded guilty to an attempt to commit the offence. The medical evidence presented in this case revealed physical injuries
consistent with forceful penetration, highlighting the violent nature of your actions. Your initial admission to having sexual intercourse with the victim, albeit under the misguided claim that she misrepresented her age, further underscores your culpability.
This court must protect the most vulnerable members of our society,
especially children, from sexual predators. Your actions have not only violated the bodily integrity of a child but have also likely inflicted longlasting emotional and psychological trauma. The maximum sentence prescribed under section 262 of the Criminal Law for this offence is 14 years imprisonment. This reflects the legislature’s view of the seriousness of this crime.
In line with the plea bargain, which this court has carefully reviewed and finds appropriate given the circumstances of this case.”
He therefore sentenced him to 14 years imprisonment, ordered that the prison term be calculated from the date he was remanded on February 27, 2018. Added that his name shall also be registered as a sex offender.
