Yinka Kolawole
A traditional ruler in Osun State, Alowa of Ilowa-Ijesa, Oba
Adebukola Alli, was Tuesday discharged and acquitted by
an Ikirun High Court for allegedly raping a former member
of the National Youth Service Corps (NYSC), Miss Helen
Okpara, in 2011.
Justice Oyejide Falola in his judgment in the case, which
was instituted by Okpara, 23, with encouragement from
some non-governmental organisations, ruled that she
failed to prove her case beyond reasonable doubt that the
encounter between the duo was not that of mutual
consent.
The former corps member, who served in the monarch’s
domain, had accused him of forcibly having carnal
knowledge of her after luring her to his private residence
in Osogbo.
In his judgment yesterday, Justice Falola said Okpara
failed to tender enough exhibits to convince the court
beyond reasonable doubt that Oba Alli raped her.
He ruled that a case of rape could only be established with
exhibits, which include the used bed sheet, the victim’s
pant and a medical doctor’s report showing forcible
penetration, adding that the prosecutor failed to tender all
these.
Citing the case of Corporal Nicholas versus the Nigerian
Army, Justice Falola, in his over one-hour judgment,
contended that there was no proof that the former corps
member was attacked by the monarch during the
encounter as she had claimed.
Justice Falola, who said Okpara failed to show to the court
the bruises on her private part as evidence that she was
raped, noted that the prosecutor also failed to show to the
court her torn clothes as she had claimed in her
submissions before the court.
He said the court was able to establish that both the
monarch and Oba Alli had been having intimate
relationship before a misunderstanding ensued between
them, adding that from the evidence before the court,
Okpara was well known to everybody at both the palace
and the private residence of the monarch.
He blamed the police for poor investigation of the matter,
stressing that they failed to conduct proper and objective
investigations into the matter.
Justice Falola however expressed displeasure with the
attitude of the traditional ruler, saying he had denigrated
royalty by sleeping with a corps member serving in his
domain.
According to him, the monarch through his action has not
only denigrated royalty, he brought disgrace to both his
family and his community.
However, he said since social and moral behaviours were
not punishable under the law, the monarch should be
discharged and acquitted.
Reacting to the court judgment, counsel to the state
government who also stood in for Okpara, Mr. Femi
Adedokun, said the state government might appeal the
judgment.
Counsel to the monarch, Mr. Taofeeq Tewogbade,
commended the judgment, which he described as "God’s
judgment which came at the appointed time."

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