Justice Oyejide Falola of the Osun State High Court sitting in Ikirun on Tuesday discharged and acquitted the Alowa of Ilowa-Ijesa, Oba Adebukola Alli, over a charge of raping an NYSC member.

Delivering judgment, Falola said that the plaintiff, Miss Helen Okpara, failed to tender enough exhibits to convince the court beyond reasonable doubt that she was raped by the monarch.

The judge also held that the plaintiff, who accused the monarch of raping her at his private residence in Osogbo, failed to prove that she was raped.

He said a case of rape could only be established with exhibits such as bed sheet, the victim’s pant and a medical report indicating forceful penetration, adding that the prosecutor failed to tender all these.

Falola said Okpara also failed to show the bruises on her private part as evidence that she was raped.

He further said the prosecutor failed to show to the court the plaintiff’s torn clothes as she had claimed in her submissions before the court.

While stressing that a case of rape must be proved with injuries sustained on the private part as well as other parts of the body, Falola said the court was not convinced that Okpara sustained any injury.

Falola said the court was able to establish the fact that Okpara and the monarch had been having regular sexual relationship before a misunderstanding ensued between them.

He, however, condemned such relationship involving a traditional ruler, saying his action had brought his stool into disrepute as well as disgrace to his family and community.

But Mr Femi Adedokun, the counsel to both Okpara and the state government, said he would seek advice from the Attorney-General and Commissioner for Justice before considering appealing the judgment.

On his part, the defence counsel, Mr Taofeeq Tewogbade, commended the judgment, describing it as “God’s judgment which came at the appointed time.’’

The case had been ongoing for almost three years before Tuesday’s judgment.

http://www.vanguardngr.com/2013/10/rape-nysc-member-court-frees-osun-monarch/

Falola said the court was able to establish the fact that Okpara and the monarch had been having regular sexual relationship before a misunderstanding ensued between them.

This is one reason why most rape cases in this part of the world would remain impossible to prove beyond reasonable doubt. It often comes down to motive-driven accusations by the female against the male, often emanating from some form of quarrel between both parties. In the end, it becomes a matter of her word against his.

In the absence of audio-visual evidence or credible witnesses, how possible is it to prove beyond reasonable doubt that an act of sex between two individuals who are familiar with each other was rape and not consensual?

Anyhow one looks at it, successfully establishing a case of rape that occurred in an isolated environment with no witnesses or audio-visual evidence is extremely difficult, especially when the accused insists that the sexual act was consensual.

I'd have to agree with the court judgment, based on the circumstances of the case.

.

He said a case of molestation
could only be established with
exhibits such as bed sheet,
the victim’s pant and a
medical report indicating
forceful penetration, adding
that the prosecutor failed to
tender all these.

won't they also check the man's d1ck to know if it had gone on a rape mission?

Realdeals: Justice Oyejide Falola of the Osun State High Court sitting in Ikirun on Tuesday discharged and acquitted the Alowa of Ilowa-Ijesa, Oba Adebukola Alli, over a charge of raping an NYSC member.

Delivering judgment, Falola said that the plaintiff, Miss Helen Okpara, failed to tender enough exhibits to convince the court beyond reasonable doubt that she was raped by the monarch.

The judge also held that the plaintiff, who accused the monarch of raping her at his private residence in Osogbo, failed to prove that she was raped.

He said a case of rape could only be established with exhibits such as bed sheet, the victim’s pant and a medical report indicating forceful penetration, adding that the prosecutor failed to tender all these.

Falola said Okpara also failed to show the bruises on her private part as evidence that she was raped.

He further said the prosecutor failed to show to the court the plaintiff’s torn clothes as she had claimed in her submissions before the court.

While stressing that a case of rape must be proved with injuries sustained on the private part as well as other parts of the body, Falola said the court was not convinced that Okpara sustained any injury.

Falola said the court was able to establish the fact that Okpara and the monarch had been having regular sexual relationship before a misunderstanding ensued between them.

He, however, condemned such relationship involving a traditional ruler, saying his action had brought his stool into disrepute as well as disgrace to his family and community.

But Mr Femi Adedokun, the counsel to both Okpara and the state government, said he would seek advice from the Attorney-General and Commissioner for Justice before considering appealing the judgment.

On his part, the defence counsel, Mr Taofeeq Tewogbade, commended the judgment, describing it as “God’s judgment which came at the appointed time.’’

The case had been ongoing for almost three years before Tuesday’s judgment.

http://www.vanguardngr.com/2013/10/rape-nysc-member-court-frees-osun-monarch/

If Nigeria was India, that man would have been sentenced to death.

Justice s houldn't be denied

Realdeals:

Falola said Okpara also failed to show the bruises on her private part as evidence that she was raped.




http://www.vanguardngr.com/2013/10/rape-nysc-member-court-frees-osun-monarch/

this judge is wicked. he wants her 2 show the court her private part, haba.

Well Nothing To Comment

Realdeals: Justice Oyejide Falola of the Osun State High Court sitting in Ikirun on Tuesday discharged and acquitted the Alowa of Ilowa-Ijesa, Oba Adebukola Alli, over a charge of raping an NYSC member.

Delivering judgment, Falola said that the plaintiff, Miss Helen Okpara, failed to tender enough exhibits to convince the court beyond reasonable doubt that she was raped by the monarch.

The judge also held that the plaintiff, who accused the monarch of raping her at his private residence in Osogbo, failed to prove that she was raped.

He said a case of rape could only be established with exhibits such as bed sheet, the victim’s pant and a medical report indicating forceful penetration, adding that the prosecutor failed to tender all these.

Falola said Okpara also failed to show the bruises on her private part as evidence that she was raped.

He further said the prosecutor failed to show to the court the plaintiff’s torn clothes as she had claimed in her submissions before the court.

While stressing that a case of rape must be proved with injuries sustained on the private part as well as other parts of the body, Falola said the court was not convinced that Okpara sustained any injury.

Falola said the court was able to establish the fact that Okpara and the monarch had been having regular sexual relationship before a misunderstanding ensued between them.

He, however, condemned such relationship involving a traditional ruler, saying his action had brought his stool into disrepute as well as disgrace to his family and community.

But Mr Femi Adedokun, the counsel to both Okpara and the state government, said he would seek advice from the Attorney-General and Commissioner for Justice before considering appealing the judgment.

On his part, the defence counsel, Mr Taofeeq Tewogbade, commended the judgment, describing it as “God’s judgment which came at the appointed time.’’

The case had been ongoing for almost three years before Tuesday’s judgment.

http://www.vanguardngr.com/2013/10/rape-nysc-member-court-frees-osun-monarch/

This judge deserves to be beheaded

Well, I really hope the girl is telling the truth... You can escape man's judgement but can you escape God's own?

Hmmmmnnn........Nigeria we hail thee!

God knows best

Nawa for the molester and the molested....... Infact make i no tok again

i actually think the monarch made love with the lady in question, but she exaggerated alot about the whole ish that`s why she was unable to provide explicit evidence at the receivinq end. it`s just like somebody cominq to your house to fiqht you, you invite the police and then claim some thinqs were missinq from your house when the person left.

[size=15pt]No be Naija make we dey![/size]

God knows best.

Doesn't make sense to accuse someone of r@pe and not have at least a medical report to prove this. A criminal case must be proven 'beyond reasonable doubt' for one to be found guilty. If she was indeed r@p3d, it's sad that she had to re-count the tale for nothing, that sheet can be psychologically traumatising.

Seems to be a most prudent judicial decision.

babyosisi:

You are celebrating ra.pe?
You must be a rapeest too
It runs in the veins
A judge orders a rape victim to show bruises on her private area in court evidence?

I hope you wouldn't have edited the post above the third time by the time I posted this comment.

Before nko?

Or una think say dem go jail am? Mtscheww!


And later some useless people will come on Nairaland and say that Nigeria is better than this Yankee. Thunder raputa ishi gi. Anuofia nwato.

Lord Mecuzy: Well Nothing To Comment

Must you comment

babyosisi:

You are celebrating ra.pe?
You must be a rapeest too
It runs in the veins
A judge orders a rape victim to show bruises on her private area in court evidence?

The man maintained that the lady consented to the intercourse, so stop wondering too much.

While stressing that a case of molestation must be proved with injuries sustained on the private part as well as other parts of the body, Falola said the court was not convinced that Okpara sustained any injury.

Which law or medical books did this eediot read?

Virgin Finder: Once again, its Yoruba diccccck vs ibo poooosy

Yoruba dicccccck wins!

Flawless victory!!

Common dude, stop spilling horseshit from your mouth.

God's case await both of them in the hereafter.

~Bluetooth:

If Nigeria was India, that man would have been sentenced to death.

WRONG. Most cases of r@pe in India are viewed as unimportant since India is a chauvinistic society. Those guys that got the death sentence did because there was a VIDEO EVIDENCE of the r@pe, an EYE WITNESS- the victim's friend, and the media, but local and foreign were trailing the news, else, that girl's r@pe and eventual death would have ended as a cold case.