CRIME & PUNISHMENT
Driver Sentenced to Life Imprisonment for Defiling a Three-Year-Old Child
Funke Olaode
What could have prompted a father figure to defile a child placed in his care? You may ask? It was shock and disbelief when the case was being read, and justice was served, with the culprit wearing a bold face and not showing any sign of remorse. A pathetic and horrifying situation as the mother of the child told the court that urine comes out of her daughter’s vagina every 15 to 30 minutes, showing “how far damage Mowete has done to the child.”
That was the situation at the Ikeja Sexual Offences and Domestic Violence before Justice Rahman Oshodi last week when the court sentenced a school bus driver, Michael Mowete, to life imprisonment for defiling a three-year-old.
“The prosecution has discharged the burden of proof against the defendant, and he is hereby convicted under Section 137 of the Criminal Laws of Lagos State (2015),” the judge stated.
Oshodi consequently handed Mowete a life sentence and ordered that his name be registered in the Lagos State Sexual Offences Register, pointing out, “Michael Mowete, this court has found you guilty of the charge of defilement. You have defiled a child, barely three years of age, and you attempted to traumatise her family by fabricating that you had an amorous relationship with her mother.”
The judge then, declared, “You are hereby sentenced to life imprisonment and you shall serve the remainder of your term in the Maximum Correctional Centre.”
During the trial, the prosecution submitted that the convict committed the offence on September 27, 2019, at Okeho Street, Isolo and Lukmon Street, Ago Okota, Lagos.
The state’s lead counsel, Mr. Babajide Boye, called four witnesses. The defence called four witnesses, too.
Narrating how she found out about the woe that has befallen her innocent child, the mother of the prosecutrix (survivor), in her evidence, said on September 27, 2019, the school bus driver dropped her daughter off. The girl then told the mother, “Mummy! Mummy! Uncle Michael touched my bum bum and jumped on me.”
The mother said she thought it was just an ordinary touch until she wanted to bathe her daughter at night, and she started shouting when water touched her private parts.
Despite the prosecutrix’s age, she demonstrated to the court, repeated how the accused defiled her and said in her evidence, “Uncle Michael touched my bum bum, and he jumped on me.”
Oshodi, in his judgment, said the prosecution proved beyond reasonable doubt the charge of defilement against the school bus driver. He also said the convict’s allegation of having an amorous relationship with the victim’s mother in her shop did not hold water as one of the defence witnesses, the school bus assistant, told the court that the convict was always in the bus whenever they dropped off the girl at her mother’s shop.
According to the judge, the prosecution gave direct evidence as the survivor, despite her age, narrated to the court how the convict defiled her. The judge said the victim’s evidence was corroborated by the mother’s and the medical examination evidence, while the investigative police officer gave circumstantial evidence.
In his defence, Mowete claimed that he had a relationship with the minor’s mother.
Although the defence, in its final written address, argued that the prosecutrix was coached, the evidence before the court did not show this as the defendant in his evidence said that he was alone with the prosecutrix on the day of the incident and this also corroborated the evidence of the mother that on September 27, 2019, the driver solely brought her child home at 6:00 p.m. instead of the 3:00 p.m. the girl usually returned home.
Oshodi also said the medical examination revealed recently repeated blunt force penetration of the vagina. He also said the defendant’s reliance on the MTN call log as a means of sexual communication between himself and the victim’s mother could not be established because no evidence was produced in regard to the call log conversation.
According to the judge, the amorous relationship between the defendant and the victim’s mother was a lie, and even if it was true, it did not negate the fact that the prosecution had established the charge of defilement against him.
He said, “Exihibits P6A and P6B indicted the defendant as he also confirmed in his extrajudicial statement that he was the only one with the prosecutrix in the school bus on the said date. The totality of evidence, prosecutrix evidence, corroborates the mother’s evidence and that of the medical report also the circumstantial evidence of the police showed that the defendant committed the offence.
Mortgage Fraud: Court Orders Bank to Refund N112.5m to Deceased’s Children
Wale Igbintade
The Tafawa Balewa Square Division of the Lagos High Court has ordered Union Bank to refund N112,050,000 to the beneficiaries of the estate of Otunba Adedoyin Olaide Ogunde (deceased).
Justice I. O. Harrison, in her judgment, held that the sale of the deceased’s property at No. 6, Moore Road, Ikoyi, Lagos, by the bank was in bad faith and that the property was grossly undervalued.
The claimants, Mrs. Olubunmi Ogunde, Master Olumuyiwa Ogunde, Miss Eniola Ogunde (minor), Mrs. Yewande Ogunde, Atinuke Ogunde, Afolabi Ogunde and Oyeniye Ogunde instituted suit number LD/2624/1999 against Olushola Ogunde (first defendant), Olubunmi Ashiru (second defendant), Kehinde Ogunde (third defendant), Olayinka Madden (fourth defendant) (executive to the estate of Otunba Adedoyin Olaide Ogunde —deceased), the probate registrar of the Lagos High Court (fifth defendant), and Union Bank (sixth defendant) respectively.
However, the claimant and the first to fifth defendants reached an amicable settlement and pursuant to the terms of settlement executed between the said parties, the claimants filed a notice of discontinuance dated January 29, 2016, and discontinued the claim against the first to fifth defendants.
In the amended statement of claim, the claimants, among other reliefs prayed the court for a declaration that the sale of the property at No. 6, Moore Road, Ikoyi, Lagos, by the Union Bank (sixth defendant) was in bad faith.
In her judgment delivered on May 31, 2024, Justice Harrison held that Section 33 (3) Limitation Law allows beneficiaries (the claimants) to sue regardless of limitation period as the claim is based on fraud against the bank that dealt with the deceased’s personal representatives.
The court held that Union Bank was privy to the personal representatives, and the beneficiaries believed rightly or wrongly that the sale was tainted with fraud, adding that the Limitation Law did not shut them out.
In determining the duties of a mortgagee in the exercise of its power of sale, Justice Harrison held that “a mortgagee by law is entitled to exercise its right of sale over a mortgaged property when the mortgagor has defaulted or failed to liquidate its outstanding indebtedness.”
The court stated that the legal obligation incumbent on the mortgagee when exercising its power to sell the mortgaged property is to act in good faith. Once it is established that the mortgagee acted in good faith, the exercise of the power of sale cannot be impugned or impeached.
The court, however, stated that the fact that a customer owed money to a bank was no reason to fling the property at a ridiculous rate simply for the purpose of realizing the debt owed, adding that “sale at a price that is so low is evidence of fraud.”
‘’There is no controversy that the outstanding indebtedness of the deceased was sum of over N14 million. There is also no controversy that the property was sold to different persons and the sale of the Nine Luxurious flats with eight rooms B.Q for N30 million totally liquidated the outstanding indebtedness, interest and costs of the deceased mortgagor,” said the court.
It added that by selling this plot, the sixth defendant had fully recovered its outstanding indebtedness due to the deceased’s estate. The sixth defendant went ahead to sell Plots 68 and 6C, which comprise eight four-bedroom flats with two-roomed BQ each and Plot 6D, which consisted of three numbers of two-bedroom flats with three-bedroom BQ each, for N30 million.
‘’The claimants are entitled to an award of general damages for the wrongful sale of Plots 68, 6C and 6D of No 6 Moore Road, Ikoyi Lagos and the sale of Plot 6A of the same premises at a grossly undervalued price,” the court noted.
EFCC Kicks as DPP Move to Take over Forgery Case Against Lawyer, Father-in-law
Funke Olaode
The Economic and Financial Crimes Commission (EFCC) has kicked against the moves by the Lagos government to take over the forgery case made against a lawyer, Oyinkansola Alakija, alongside her father-in-law, Alaba Alakija, before the Lagos State Special Offences Court, Ikeja, presided over by Justice Mojisola Dada.
On April 16, 2024, the anti-graft agency had arraigned the duo on an amended two-count charge bordering on alleged conspiracy and using false document.
According to EFCC, the lawyer, alongside her father-in-law, allegedly conspired to use a false document, titled ‘Vesting Deed by Dr Omodele Alakija and Mr Afolabi Alakija’, the executors of the estate of the late Sir Ademola Alakija, purporting the same to be made by Dr Omodele Alakija and Mr Afolabi Alakija.
EFCC had also insisted that the offence was committed on or about August 6, 2015, with the intent to financially benefit from a property located at No. 10, Keffi Street, Ikoyi, Lagos.
While their arraignment lasted, the defendants had pleaded not guilty to the charge, prompting the prosecution to ask Justice Dada for a trial date and the remand of the defendants at a correctional facility.
In his response, the counsel for the first defendant, Yemi Akangbe (SAN), notified the trial court of his client’s bail application, which had been filed and served on the prosecution.
In moving the application, Akangbe had prayed to the court to grant bail to his client in the most liberal terms. This is even as the counsel for the second defendant, Victor Giwa, who asked the judge to be allowed to move his client’s bail application orally, having come from out of the jurisdiction, stated that Oyinkansola at the time had a two-month-old baby, whom she still breastfeeds, and that she would not jump bail.
In her ruling, after entertaining arguments from the parties, the judge granted the first defendant bail of N10 million with sureties in like sum who must submit their passports to the court.
Oyinkansola was subsequently granted bail of N10 million with sureties, even as the court ordered that her travelling documents be deposited with the court.
Meanwhile, at the resumed proceedings on the criminal matter, the LASG’s Directorate of Public Prosecutions, DPP, through its counsel, B.T. Boye, made moves to take over the prosecution of the criminal case against the defendants.
However, EFCC’s lawyer, M.S. Owede, contended that the anti-graft agency’s letter from the DPP’s office was a request to make a duplicate copy of the file and not to take over the prosecution.
Justice Dada adjourned until October 30, 2024, for a report after lawyers in the matter had sought the said adjournment for the report of the actual position of the office of the DPP.
Unlawful Suspension: Industrial Court Reinstates Bola-Audu as ASCSN President
Alex Enumah in Abuja
Justice Oyewumi Oyejoju Oyebiola of the National Industrial Court, Abuja Division, has reaffirmed Comrade Innocent Bola-Audu as the legal and lawful president of the Association of Senior Civil Servants in Nigeria (ASCSN).
Oyejoju Oyebiola, in a judgment delivered virtually, held that the suspension of Bola-Audu by the Central Working Committee of the ASCSN and his subsequent expulsion by the National Working Committee was unlawful, illegal, null and void.
The judge held that Bola-Audu ought to have been reinstated as the President of ASCSN after the Maitama Division of the FCT High Court had cleared him of all criminal charges filed against him by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP).
Defendants in the suit are the Association of Senior Civil Servants in Nigeria (ASCSN), Bashir Alade Lawal and Tommy Etim-Okon as first to third, respectively.
NAPTIP had on February 22, 2021, arrested and detained the plaintiff for alleged human trafficking and exploitation of vulnerable persons.
He was however cleared, discharged and acquitted by the FCT High Court.
On July 15, 2022, the plaintiff subsequently filed a suit by a general form of complaint before the industrial court, praying that the court would declare him the lawful and substantive national president of the ASCSN.
