After three years of legal proceedings and suspension, an Edo State High Court in Benin City discharged and acquitted Dr. Omowumi Labode Steven, a lecturer at the University of Benin (UNIBEN), of alleged sexual assault against a female student.
The court determined that the prosecution failed to establish its case of sexual assault and alleged rape.
Dr. Steven, known as “Dr. Bode Steve Ekundayo,” is a Senior Lecturer in the Department of English and Literature at the university. He was accused of sexually assaulting a final-year female student in his office on October 5, 2021.
As a result of the allegations, the university administration issued him a query and suspended him pending the outcome of the court case.
In a ruling on Suit No. B/CD/8CV/22, Justice (Mrs.) Mary Itsueli stated that the prosecution did not meet its burden of proof against the accused.
Justice Itsueli upheld the no-case submission made by the defense counsel, Dr. Osagie Obayuwana, a former Attorney General and Commissioner for Justice in Edo State. She noted that the testimony of the prosecution witness, Miss Anita Efosa, was not corroborated by the other five prosecution witnesses.
The judge asserted that even if one were to accept the alleged victim’s claims at face value, there was insufficient evidence to prove sexual intercourse or rape.
Furthermore, she pointed out that the prosecution failed to present the University Health Centre Medical Test Report as evidence during the trial. The report from the Vivian Centre, conducted the day after the alleged incident and submitted as evidence, also lacked scientific proof of rape.
Justice Itsueli emphasized that the prosecution failed to establish the three essential elements of rape: penetration, sexual intercourse, and lack of consent. She added that any penetration must be connected to the defendant, and that telltale signs of rape should be evident in both the medical report and the crime scene. She concluded that these elements were not demonstrated in any manner.
The judge also referenced the investigations conducted by the police and Investigation Officers (IPO), who physically examined both the accused and the alleged victim, as well as visited the location of the alleged assault.
According to the police report, there were no bruises on the alleged victim’s body, no torn clothing, and the office of the defendant, which was reportedly broken into to rescue the girl, remained undisturbed.
Justice Itsueli stated, “The prosecution’s case is devoid of evidence. In a criminal case, the claimant must prove their case beyond a reasonable doubt. I see no reason to require the defendant to enter the dock for his defense. The no-case submission made by 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.