Lagos State on Monday re-arraigned the four undergraduates of the University of Lagos (UNILAG) and an undergraduate of Babcock University for allegedly gang-raping a 17-year-old undergraduate of University of Lagos (UNILAG) Akoka.
The students were re-arraigned for the second time before Justice Abiola Soladoye of an Ikeja Sexual Offences and Domestic Violence Court on an amended six-count charge of defilement of a child, permitting defilement of a child, procuration and sexual assault.
They pleaded not guilty.
The defendants are – Moboluwaji Omowole, Chuka Chukwu and Peace Nwakanma, all aged 19, and James Aguedu and Josephine Osemeka, both aged 20 were earlier arraigned on February 26, 2019.
They pleaded not guilty to a three-count charge of child defilement and permitting defilement of a child in a premises and procuration.
They were re-arraigned on June 27, 2019, on a fresh five-count charge of defilement of a child, permitting defilement of a child, procuration and sexual assault to which they pleaded not guilty.
During proceedings yesterday, the survivor (names withheld) was cross-examined by Mr. Ben Edechime, counsel to Osemeka.
She told the court that she had never met Osemeka prior to the day she was allegedly gang-raped by the defendants at High-Rise, the staff quarters at UNILAG.
He said that she was aware that High-Rise was a public place and residence of staff of the institution.
She told the court that the first person she saw upon entering the room with Yinka was Osemeka. She said thereafter, everyone involved had their turn and come back inside.
“She was outside with the other rapists, and when everyone came inside, she was there when they were molesting me. I was gang-raped by about six to eight people,” she said.
The survivor said after the alleged gang-rape, she felt used, scared, confused and did not know what to do.
“There was no one else in the area where I was abused. My clothes were not torn while I was being raped because I was being held down and I did not struggle enough for them to tear my clothes”, she said.
The survivor said she did not report the incident because they had threatened me with a video.
According to her, the rape occurred only in two different rooms at High-Rise and at Chuka’s (second defendant’s) house adding that an attempt was also made at a place know as waterfront.
Sher said: “I put up a struggle during the first incident but on other subsequent times, I did not put up a struggle because of the video.”
However, Edechime, counsel to the fifth defendant disputed her claims that she was gang-raped.
“From your evidence before the court, you were the one raping the defendants, enjoying them and you made the court to remand them,” Edechime said.
Responding, the survivor said; “I did not know anyone besides Peace, her roommate and the third defendant. It is not possible for me to find strangers and be raping them,” she said.
After her evidence, Dr Oyedeji Alagbe of the Mirabel Center (a sexual assault referral center) testified as a second witness for the prosecution.
Led in evidence by the prosecution, Dr Jide Martins, Dr. Alagbe interpreted the finding of his medical examination on the complainant.
He said: “The said client was a 17-year-old female, she came as self-presentation and I examined her.
“In my report, the client declared verbally that three perpetuators had earlier raped her in January 2017 and subsequently each one of them used to call her on the account that the video of the initial rape incident would be made open to the public.
“She recalled that the last incident was to have occurred on the second week of February 2017. There was no significant injury to the vagina.
“The tags of the hymen is suggestive of repeated penetration into her vagina. Also my lord, the absence of injury does not negate the client’s account,” he said.
While being cross-examined by Mr Adebisi Ademuwagun, counsel to Omowole (first defendant), Alagbe said that he had no contact with the alleged perpetuators of the crime.
He testified that he did not have the original copy of the report with him in court because he had forwarded it to the management of the Mirabel Center.
“What I was told by the complainant was part of the components of the whole report that made me come to my conclusion”.
He however stated that the report was not based on supposition but based on a skillful, scientific examination process.
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