Obafemi
Kolawole, one of the chieftain of the People’s Democratic Party (PDP),
in Ilesa, has been sentenced to life imprisonment for molesting a female
member of the All Progressives Congress (APC). Kolawole was alleged to
had on September 15, 2007, molested Tosin Ajakaye, an Action Congress of
Nigeria (now All Progressives Congress) member who was pregnant as at
the time of the incident.
The PDP chieftain was charged before
the State High Court sitting at Ilesa, on a two-count charge of rape and
indecent assault contrary to Sections 358 & 360 of the Criminal
Code Cap 34, Vol II, Laws of Osun respectively. The prosecution called
four witnesses including Tosin Ajakaye, Lawal Sikiru and Dr. A.I
Isawumi. The Investigating Police Officer (IPO) Sergeant Olatunji Arojo,
said the case had been properly investigated. Kolawole testified in his
defence and called additional four witnesses including Chief Ganiyu
Oladiran, Adediran Kehinde, Adewusi Olowolodu and Olayinka Alege. The
victim at the trial narrated her ordeal. She stated that on September
15, 2007, Kolawole and his cohorts, who are not police officers, came to
arrest her at her house at about 7:30 pm for an unknown offence.
On
sighting them and knowing their antecedent in the vicinity, she said
she took to her heels and that the convict pursued, caught up with her
and beat her up. As expected, he overpowered her, stripped her naked and
molested her.
“When my cry for help became unbearable, he
covered my mouth. Unfortunately, those living in the same compound with
me had gone to Mosque because it was the fasting period of the Muslim
faithful. Thereafter, he bundled me into a waiting jeep to join two
other men whom I found in the same predicament as mine,” she said.
Furthermore,
she explained that they were driven to the home of Chief Ganiyu
Oladiran, a PDP chieftain, were they were tied to a tree mercilessly
flogged.
She said Kolawole later untied her and shaved her pubic
hair, put it in her mouth to swallow with dry gin, and thereafter went
ahead to insert a tin opener into her honeypot and as well poured dry
gin all over her body. There, he molested her again. Lawal Sikiru who
testified as ‘Prosecutor Witness 2 corroborated her story, saying he was
one of the two naked men in the waiting jeep. He identified the other
as Gbadamosi Lasun.
He stated further that he had earlier on
received his own share of beating, and bundled naked into the jeep
belonging to Chief Ganiyu Oladiran when Ajakaye was brought in naked. He
confirmed that three of them were driven to Chief Ganiyu’s house and
tied to a tree where they were mercilessly beaten and the content of a
dry gin was poured all over their body.
According to him, Ajakaye
was untied by the accused who shaved her pubic hair, inserted a tin
opener into her honeypot, and as well went ahead to pour dry gin in her
(honeypot) and then sought the consent of the Chief to rape her.
The chief consented and she was taken to the boot of the jeep from where they heard her shouting for help.
Confirming
further, the medical examination conducted on Ajakaye three days after
the incident at Ladoke Akintola University of Technology (LAUTECH) by
Dr. Isawumi revealed that there was penetration and that the swap taken
from her was full of alcohol. It was also discovered medically, that as
at the time of the incident the victim was pregnant.
Sergeant
Arojo the IPO, on his part, testified that Ajakaye and others were
brought to the State Police Command Monitoring Unit at Okefia by Chief
Ganiyu Oladiran who claimed that the trio 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 Chief Ganiyu Oladiran’s captives were indeed the
victims, and the supposed complainants and cohorts were the accused
persons and were consequently charged to court.
Obafemi Kolawole
however, denied the allegations made against him. He admitted going to
Ajakaye’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 Ganiyu’s house,
where they were later handed over to the police.
His other witnesses also admitted that Ajakaye and others were driven to the Chief’s house.
Chief
Ganiyu Oladiran, while testifying in defence of the accused, claimed
his co-accused at the Magistrate Court who arrested the trio were his
sympathizers.
Justice A. B. Abdulkareem, the presiding Judge
while finding the accused guilty as charged, pronounced that although
the corroboration of Prosecution Witness 2 was limited to assault, it
does not corroborate penetration which is the vital ingredient necessary
for rape.
However, the medical report tendered by Dr Isawumi corroborated the needed penetration and he thereafter found Kolawole guilty.
The
trial Judge held that the Prosecution Counsel, Mrs Rachel Ojimi, a
Chief State Counsel, in the Ministry of Justice, has been able to prove
her case beyond reasonable doubt and consequently convicted the accused.
He however ruled out the charge of indecent assault since it carries a smaller punishment.
The imports of this judgment are as follows:
(a)
Our society is still governed by laws and that notwithstanding the fact
that you have perceived that some individuals have wronged you does not
give you the liberty or license to take laws into your hands and
forgetting the maxim ’UBI JUS IBI REMEDIUM’ meaning, where there is a
right, there is a concomitant remedy.
(b) That our courts are
still the last hope of the common man, though justice may be slow, yet
its long hand will surely catch up with the offender no matter how
highly or lowly placed or affiliated to a political party.
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