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CRIME & PUNISHMENT
Court Jails Butcher for Attempting to Rape 78-year-old Suffering from Dementia
Funke Olaode
The Ikeja Sexual Offences and Domestic Violence Court located at the sprawling Ikeja High Court was filled to the brim as friends, relatives, and sympathisers thronged Justice Rahman Oshodi’s court to hear the sentencing of the convict. Intermittently, women would clap their hands to the bizarre event of January 2, 2019, when the defendant met the victim.
According to a court document sighted by the Crime and Punishment, the defendant, Jelili Moshood, a butcher, met the victim (name withheld and now deceased), a 78-year-old woman in Maryland, Lagos, on January 2, 2019. She had dementia and could not find her way home. The defendant offered to assist her as it turned out it was a deliberate attempt to molest her sexually. The defendant took the woman to a secluded area and raped her. Some Good Samaritans heard her cry and mobilised to rescue her. To get justice, the victim was taken to the police station, and it was confirmed that she was bleeding in her private parts and had bruises on her face. She was later taken to Mirabel Medical Centre for examination. The medical result was received as exhibit F in evidence, which documents physical trauma and forceful penetration of the victim’s vagina.
Thus, the defendant was charged to court. He was subsequently sentenced to 14 years’ imprisonment “for attempting to rape” a vulnerable 78-year-old suffering from dementia.
Justice Rahman Oshodi sentenced the defendant, following his plea bargain agreement, to the one-count charge of attempted sexual assault by penetration.
Oshodi, in his judgment, held that he had considered the facts of the case, the plea bargain agreement reached between the prosecution and defence, and the convict’s guilty plea to the amended charge of attempt to commit sexual assault by penetration.
The court, therefore, convicted Moshood and sentenced him to 14 years imprisonment as agreed in the plea bargain to commence on the date of his remand.
According to the judge, the facts established in the case were that the convict, under the guise of helping, isolated the vulnerable 78-year-old woman suffering from dementia and proceeded to assault her, causing her physical injury and trauma sexually.
He said: “This predatory and depraved conduct shocks the conscience and warrants strong condemnation and a lengthy custodial sentence.
“The victim impact has been severe though the victim has since passed away, one can only imagine the fear, anguish and suffering inflicted upon her in the final months of her life by the convict’s heinous actions.
“Her family will have to live with that painful reality, and this sentence considers the convict’s guilty plea and the sparing of the victim’s family from the ordeal of testifying in court. However, it must also send a clear deterrent message that sexual violence against society’s most vulnerable will be met with severe consequences.”
Oshodi said the 14-year sentence reflected the egregious breach of trust, the physical and emotional harm caused and the need to protect the public from the convict, who would be registered as a sex offender.
“Jelili Moshood, this court hopes that during your lengthy imprisonment, you will have occasion to reflect deeply on your actions and emerge with genuine remorse and rehabilitation,” the judge stated.
The court held that the preceding factual matrix was distilled from the testimonies of ASP Babatunde Asifat, prosecution witness (PW1), and Insp Olakunle Orebe, prosecution witness (PW2), and the defendant’s confessional statement (Exhibit B1).
The court also held that the extensive cross-examination by the learned defence counsel did not uncover any contradictions in PW1’s evidence.
The judge said instead, it strengthened it.
“Seeing the strong evidence against him and after PW2 had given his evidence-in-chief, the defendant applied to the honourable attorney general of Lagos State for a plea bargain through his counsel, Mr Yusuf Oyebanji,” the court held.
The state counsel, Ms Bukola Okeowo, informed the court on May 31 that the parties had entered a plea and sentence agreement dated and filed on May 30.
The convict’s charge was thereafter changed from rape to attempt to commit sexual assault by penetration, which contravened Section 262 of the Criminal Laws of Lagos State 2015. The Lagos government had initially charged the convict with rape, which the medical report and the result of the medical examination were received in evidence as
Exhibit F, which documented physical trauma and forceful penetration of the victim’s vagina.
Businessman Opposes Lagos Attorney General’s Moves to Halt Alleged Land Grabber’s Trial
Funke Olaode
A Lagos-based businessman and hotelier, Hassan Alli, has opposed the attempt by the Lagos Attorney General and Commissioner for Justice, Lawal Pedro (SAN), to withdraw a criminal charge filed by his office against one Moroof Owonla, also known as Kaka Moroof, over alleged felony and malicious damages.
The Directorate of Public Prosecutions (DPP) arraigned Owonla and two others before Justice Adenike Coker of the Lagos State High Court in Ikeja over allegations of land-grabbing.
The DPP had filed an eight-count charge against Owonla and his co-defendants, Olu-Aminu Yemisi Abdulaziz and Ganiyu Amin, over an alleged conspiracy to commit a felony.
They allegedly forcefully entered a property at No 34, Faguson Osagie Street, Ayobo, Lagos, carting away building materials valued at N30 million.
However, after several adjournments, the defendant failed to appear before the court to take their plea, prompting Justice Coker to issue a bench warrant for their arrest on April 25, 2024.
But, in a surprise move, the Director of Public Prosecution, Jide Martins, who had earlier issued legal advice indicting and recommending the defendants for trial, filed a notice of discontinuance of the case on behalf of the attorney general.
In the notice copied to the inspector general of police and the court, Martins said the decision to withdraw the charge against the defendants was based on fresh facts recently discovered in the case.
The Ministry of Justice’s letter dated May 21, 2024, addressed to the IGP, Force CID Admin Team 6, Abuja, and signed on behalf of the attorney general and commissioner for justice, stated that the ministry arrived at its decision to charge Owonla based on wrong information.
“From the foregoing, the only legal conclusion is that the Defendant has a valid right of claim on the land by virtue of the judgement and execution of the same which have not been set aside,” said the letter. “Therefore, the defendants have no case to answer for any alleged occupation of the land at any time after the judgement and execution.”
However, Alli described the move as Pedro’s alleged ploy to deny him justice. He claimed Pedro was a lawyer to Owonla before he became the attorney general.
Alli also claimed that the development demonstrated Pedro’s alleged bias in the matter because the former Attorney General, Moyosore Onigbajo (SAN), during his tenure, approved the defendants’ trial after the office of the DPP reviewed the police report and other supporting facts.
The complainant showed a letter written by Pedro’s chamber relating to a land matter involving Owonla, which bolstered his position on bias.
He alleged that rather than present the defendants in court, the new attorney general initiated a meeting which he tagged ‘Restorative Justice Meeting’ against arraigning Moroof Owonla and his co-defendants in court.
Alli added, “I am indeed shocked to know that the judiciary has become so weak and predictable by non-state actors like Moroof Owonla, who continue to perpetrate criminality and boast of his connections with people in authority, which is not healthy for Nigeria’s judicial system and the justice sector.
“I demand justice from all government agencies, all authorities in Nigeria, all well-meaning Nigerians who are in one way or the other affiliated to the justice delivery system in Nigeria including the Lagos State Governor, Babajide Sanwo-Olu, the President Bola Ahmed Tinubu, the Lagos State House of Assembly Justice Committee, Federal House of Representative, Senate Committee on Justice, National Judicial Commission (NJC), Legal Practitioners Disciplinary Committee (LPDC) and the Nigerian Bar Association (NBA).”
He, therefore, sought the intervention of “all lovers of justice” to wade into this case to avert injustice kindly being meted out on me by improper discontinuance of the criminal infraction occasioned against my person by Moroof Owonla, “who is boasting of his strong connection with the attorney general of Lagos.”
“If this type of evil and injustice is allowed to have its way with me, it could also be the turn of any law-abiding citizens of Nigeria tomorrow,” Alli said.
Unlawful Termination: Cameroonian Files N350m Suit Against British-American Tobacco
Wale Igbintade
A Cameroonian procurement expert, Eithel Effiang Mbunkur, has filed a lawsuit against British-American Tobacco Marketing Nigeria Limited at the National Industrial Court Lagos Division for alleged wrongful and unlawful termination of his employment.
Mbunkur, in his statement of fact, accompanied by an affidavit sworn by the claimant and filed before the court by a Lagos lawyer, Oluwole Kehinde, the deponent averred that he is a Procurement expert of 11, Rue de la Mosquée, Cite des Palmiers, Douala, in Cameroon, Central Africa.
He stated that he applied for the British America Tobacco company’s position of Associate Manager for Procurement sometime in November 2018.
Upon successful interview and the defendant’s confirmation on the telephone on or about March 21, 2019, that he would be engaged, he resigned from his former employment.
The claimant stated that he was to resume on April 1, 2019, but the company did not give him an offer letter to that effect. On April 10, 2019, he received the offer of employment by email but was surprised that the role in the offer letter differed from what was advertised and applied for. Accordingly, he sought clarification of this change.
The claimant added that he was told that the reason for the change of role was for the purpose of applying for the STR visa.
He stated that he had a telephone discussion with the company on April 25, 2019, after which he sent the acceptance letter as requested. He stated that the defendant confirmed receipt immediately by email on the same day to process his STR visa.
The claimant further emailed to inquire whether he would pay for the Visa processing, and on April 29, 2019, the defendant emailed to inform him to pay for all expenses related to the STR visa process, as he would be reimbursed once he landed in Nigeria.
The company subsequently requested copies of his educational/professional certificates, which he sent the same day. The defendant received them and supplied him with the documents required for a work permit.
In the STR visa application, the company clearly stated, “We believe Mr. Eithel Mbunkur’s experience and background check qualify him for this appointment.”
Later, he visited the Nigerian Embassy to submit the application and confirmed to the company that he intended to arrive in Nigeria on May 7, 2019. His visa was issued on May 2, 2019.
However, on May 6, 2019, the defendant emailed him that the company had just been contacted by its background check consultants, and the consultant required his previous employer’s address. He immediately provided the address.
The claimant stated that he received his visa on May 7, 2019, and requested that his flight be rescheduled once the ticket had been issued.
However, on May 16, 2019, the company, by way of email and attachment, wrote that the result of his background checks gave sufficient cause for concern and was unsatisfactory. In view of the negative outcome of the background check, the company was unable to proceed with the offer or allow him to assume his job with the company and thereby revoked his offer of employment.
He stated that the disclosure of the alleged negative background checks upon which the defendant based its decision to revoke the offer of employment is fundamental, as he was not given the opportunity to challenge the background checks. The claimant stressed that by relying on a report before its accuracy was verified and validated, the company prejudiced its own decision.
He added that the defendant’s refusal to disclose the content and result of the alleged background check to him is “inimical, unfair, and reprehensible,” and renders the report “invalid and a nullity.”
The claimant stated that, according to the international labour standards established by the International Labour Organisation (ILO), the defendant has a duty to prove the reason given for terminating his appointment.
He stated that he was forced to incur monumental costs and damages as a result of the unwarranted and wrongful termination of his employment.
Consequently, the claimant prayed the court for a declaration that the termination of his employment based on the alleged background check conducted on him by the defendant is wrongful, as the said background check and termination of the claimant’s employment are against best labour and employment traditions, conventions, and best practices.
He urged the court to award N350 million as compensation for the wrongful and unlawful termination of his employment by the company.
Lawyer Accuses NDLEA of Demanding Bribe from Alleged Drug Dealer, Petitions AGF
Wale Igbintade
A Lagos-based lawyer, Eyitayo Tolulope Abiodun, has urged the Attorney General of the Federation and Minister of Justice to take over his client’s prosecution from the National Drug Law Enforcement Agency (NDLEA), accusing NDLEA officials of demanding a bribe.
The letter to the Attorney-General of the Federation/Minister for Justice, dated June 2, 2024, was captioned: “Request to Take Over of Criminal Matter of Suit No: FHC/L/CS/1453/23, Federal Republic of Nigeria V. Hamed Omotayo Ali & Anor brought under the Provision of Section 174(1) of Constitution of Federal Republic of Nigeria 1999 (As Amended).
His client, Hamed Omotayo Ali, is being prosecuted by the NDLEA at the Lagos Division of the Federal High Court on alleged drug trafficking in a charge numbered FHC/L/CS/1453/23 before Justice Chukwujekwu Aneke. He urged the attorney general to take over the case file to ensure justice.
“We hereby humbly write to respectfully request that your office takes over the prosecution of Suit No: FHC/L/CS/1453/23, currently pending before Justice Aneke and was supposed to come up on 4th of June 2024, at Federal High Court, in Ikoyi, Lagos State,” the petition stated.
It added, “The respondent in the suit mentioned above filed an application vide suit No. FHC/L/CS/2017/23, to enforce his Fundamental Rights on the ground that officers of the National Drugs Laws Enforcement, without lawful justification, unlawfully invaded property belonging to our client where his son resides.
“That upon the unlawful invasion, the agency claimed to have found substance suspected to be illicit drug in the apartment. And went on to publish in the newspaper and in turn seal the premises without a valid Order of the Court, the agency, in turn, changed the use of the residential apartment into a mini detention camp.”
The letter also noted that “when the matter came up for hearing counsel to the agency informed the Court that a counter affidavit has been filed and agreed that service of same will be effected” and that counsel to the agency “proposed interactive meetings as officers in the temple of justice to really hear from our clients and upon the interaction he suggested that the issue be resolved amicably.”
It added, “That our client directed that we search the records of court, at Justice C. J. Aneke’s Court and discovered that the counsel has applied before the Honourable Court for an Order to make the Interim Order for Forfeiture absolute, on the strength of this we caused a motion to be filed informing the Honourable, court that the order was obtained through suppression and concealment of fact and that the thighs found in the house are things used for preservatives and grilling accessory with cooling gas.”
The defendant’s lawyer further alleged that the anti-narcotics agency had decided to conduct the case in a way unfit for a public officer, hence his application for the office of AGF to take over the prosecution of the suit.
He stated, “Our humble request is that since the public is interested in the proper performance of his duty, the public is supposed to be entitled to the fittest person procurable. The act of the personnel of the agency to have demanded for money does not give the assurance that for the agency to continue to be investigator and at the same time prosecutor, the interest of Justice will not be best serve, justice is rooted in confidence.
“We urge your good office to invoke the provision of Section 174 (1) paragraph (b) Constitution of the Federal Republic on Nigeria 1999 as amended 2018. Sir, the Law of Evidence applicable in Nigeria frown at a situation of compelling anyone to give evidence against his/her self, our client was never summons nor invited by the agency, and the personnel has decided to use an alleged report made 11 months after the unlawful invasion as exhibit against our client we are still appalled by the contemporaneity of the report couple with draft tenancy agreement which was never executed by anyone which the agency took away from the office of our client and decided to use same as exhibit calls for scrutiny.”
Against this backdrop, he urged the AGF to use his “good office to take over prosecution of Suit No: FHC/L/CS/1453/23, Federal Republic of Nigeria V. Hamed Omotayo Ali & Anor in order to review the file and ensure that Justice is done. The axiom of law is that it is good to free 99 criminals than to unjustly punish one innocent person.”
