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Court sentences Osun politician to life imprisonment for raping pregnant woman

An Osun State High Court sitting in Ilesa has sentenced a
politician in Osun State to life imprisonment for raping a
pregnant woman.
Obafemi Kolawole, a political associate to one Ganiyu
Oladiran, a chieftain of the Peoples Democratic Party in Ilesa,
was on September 23 convicted and sentenced to life
imprisonment with whipping.
A.B Abdulkareem, the trial judge, while finding Mr.
Kolawole guilty noted that although the corroboration of a
second prosecution witness was limited to assault, it does not
corroborate penetration which is the vital ingredient necessary
for rape.
However, the medical report tendered by one Dr. Isawumi
corroborated the needed penetration necessary to convict the
accused.
The judge thereafter held that Rachel Ojimi, the prosecution
counsel and a Chief State Counsel at the Ministry of Justice,
had been able to prove its case beyond reasonable doubt.
He, however, struck out the charge of indecent assault since it
carries a lesser punishment.
According to the prosecution, Mr. Kolawole, on 15th
September, 2007, raped a pregnant lady (names withheld to
avoid stigmatization), a member of the then Action Congress
of Nigeria, ACN (now All Progressives Congress, APC) who
was pregnant at the time of the incident.
The event occurred after the 2007 gubernatorial election in
Osun State.
The prosecution charged Mr. Kolawole before the State High
Court on a two-count charge of rape and indecent assault
contrary to Sections 358 and 360 of the Criminal Code cap
34, Vol II, Laws of Osun.
Four prosecution witnesses were called namely: the pregnant
lady, Lawal Sikiru, Dr. A.I Isawumi, and Olatunji Arojo, a
police Sergeant and the Investigating Police Officer; while
Mr. Kolawole testified in his defence, along with Mr.
Oladiran, Adediran Kehinde, Adewusi Olowolodu and
Olayinka Alege.
At the trial, the lady said that on September 15, 2007, the
convict and his cohorts, who are not Police Officers came to
arrest her at her house at about 7:30p.m. for an unknown
offence. On sighting them and knowing their antecedents in
the vicinity, she took to her heels. The convict pursued,
caught up with her, and beat her up.
Having overpowered her, the lady said the convict stripped
her naked and raped her, and that when her cry for help
became unbearable, he covered her mouth.
According to her, her neighbours in the compound had gone
to the Mosque because it was the period of the Moslem fast.
Thereafter she was bundled into a waiting jeep to join two
other men whom she found in the same predicament as her.
The lady further testified that they were driven to Mr.
Oladiran’s house and tied to a tree where the trio were
mercilessly flogged; the convict later untied her and plucked
out her pubic hair, put it in her mouth and swallowed with dry
gin. Thereafter, he went ahead to insert a tin opener into her
vagina and poured dry gin all over her body. Then he raped
her again.
The second prosecution witness, Mr. Sikiru, testified that on
the fateful day, he was one of the two naked men in the
waiting jeep; the other was one Gbadamosi Lasun.
He stated further that he had earlier received his own share of
the beatings before being bundled naked into the jeep
belonging to Mr. Oladiran when the lady was brought in
naked, and that the trio were driven to Mr. Oladiran’s house
and tied to a tree where they were beaten and the contents of
dry gin was poured all over their body.
According to him, the lady was untied by the convict who
plucked out her pubic hair, inserted a tin opener into her
vagina, before going ahead to pour the dry gin into her
(vagina) and then sought the consent of the Chief (Mr.
Oladiran) to have another round of sexual intercourse with
her.
The Chief consented and she was taken to the boot of the jeep
from where they heard her shouting for help.
The medical examination conducted on the lady three days
upon presentation after the incident at LAUTECH by Dr.
Isawumi revealed that there was penetration and that the swap
taken from the defendant was full of alcohol.
It was also discovered medically, that as at the time of the
incident the lady was pregnant.
Mr. Arojo, the IPO, on his own part, testified that the lady
and others were brought to the State Police Command
Monitoring Unit at Okefia by Mr. Oladiran who claimed that
the lady, and the others, whom he got arrested were the ones
who assaulted him after the April 2007 Gubernatorial Election
in the State.
According to him, while receiving the statements of all
concerned, and conducting investigation into the matter, it
was discovered that Mr. Oladiran’s captives, that is, the lady
and the others, were indeed the victims, and the supposed
complainants and cohorts were the accused persons and were
consequently charged to court.
Mr. Kolawole (the convict) in his own defence, denied the
allegations made against him. He admitted going to the lady’s
house on the fateful day and arresting her, but denied
stripping her naked; rather, he said he handed her over to his
colleagues, who drove her and other captives to Chief’s
house, where they were later handed over to the police. His
other witnesses also admitted that the lady and others were
driven to the Chief’s house.
Mr. Oladiran, while testifying for the defence, claimed his co-
accused at the Magistrate Court who arrested the defendant
and the others were his sympathizers.

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