… Court says he’s not fit to live
among human
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Adefioye said the prosecution called two witnesses and tendered 18 exhibits including video of the defendant having unlawful sex and five nude pictures. He recalled the statement of one of the victims (name withheld), how Nwogu offered her a drink already drugged and later found herself in a hotel in FESTAC (name withheld) wearing the defendant’s trousers.
Adefioye
said the defendant, who under crossing examination, disclosed that the two
girls, Blessing and Funmilayo (surnames withheld) were his girlfriends,
admitted ownership of the digital camera and invited three other friends as
witnesses. The defence counsel, Chief M. D. Ndupu during the proceedings urged
the court to discharge his client because one of the victims did not appear in
court.
On
the four issues for determination by the court, Magistrate Adefioye after
consulting several authorities said he had jurisdiction to hear the case,
rejected the defendant’s counsel’s argument that wrong section of the law was
being applied, the Investigating Police Office (IPO) investigated and tendered
exhibits, saying it was not necessary for Funmilayo to appear in court.
Faulting
the claim of Nwogu that Blessing consented to having sex, the magistrate
observed that since the victim was drugged and was unconscious, she could not
have given her consent for the unlawful sex and ruled that the prosecution had
proved the case and found him guilty of having canal knowledge of Blessing.
The
defence counsel said Nwogu was a first offender and had not been convicted by
any court, urging the magistrate to temper justice with mercy by giving an
option of fine. Magistrate Adefioye, sentenced Nwogu on count 1 and 2 to one
year, discharging him on count 3 and 14 years without option of fine on count
4.
After
the judgement, Nwogu was handcuffed by the court orderly, CPL O. Michael and
first taken to Kirikiri Medium Person from where he was later transported to
Kirikiri Maximum Prison on commercial motorcycle (Okada). Speaking to Daily
Sun, Blessing, one of the victims said she was happy to see Nwogu sentenced to
prison and thanked God that she didn’t die when she was drugged and raped even
as she recalled how the defendant offered him drink.
The
counsel watching brief for Blessing, Arit Johnson told Daily Sun that after the
second adjournment and the defendant was granted bail, she took over the case,
adding “I saw the video of the rape, it was horrible and he even took pictures
of the unlawful sex.
Source: Sun
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