BY TIMOTHY AGBOR, OSOGBO
There was mild drama at an Osogbo Magistrate’s Court recently when a 38-year-old man, Olabiyi Oluwatomisin, accused of defiling and raping a five-year-old girl, became confused after his lawyer, Ayo Ajibola, announced the withdrawal of his legal services.
When the matter was mentioned for a change of charge against the defendant by the State Ministry of Justice prosecuting the matter, Ajibola informed the court that he would be abandoning the matter because his client, Oluwatomisin, had been unable to pay his legal services.
Looking dumbfounded inside the dock, the accused person made attempts to persuade the legal practitioner to re-consider him, but Ajibola stood his ground and abandoned the defendant in the courtroom.
Oluwatomisin was arrested by operatives of the Department of State Services and after completion of investigation, he was arraigned before an Osogbo Magistrate’s Court for defilement.
The charge sheet obtained by The Point upon his initial arraignment had read, “That you, Olabiyi Oluwatomisin, male, 38 years of age, on or about 12 November, 2022, behind matrix filling station, Owode Ede, Osogbo, within the jurisdiction of the Honourable Court, did forcefully defile a child, thereby committed an offence contrary to and punishable under Section 31 of the Child’s Right Law of Osun State of Nigeria, 2007.
“That you, Olabiyi Oluwatomisin, male, 38 years of age, on or about 11 November, 2022, behind Matrix filling station, Owode Ede, Osogbo, within the jurisdiction of the Honourable Court, did indecently assault a child, thereby committed on offence contrary to and punishable under Section 360 of the Criminal Code law, Cap 34. Vol I, Laws of Osun State of Nigeria, 2002.”
However, at the last sitting, the prosecutor, Assistant Chief State counsel, Motolani Shokefun, informed the court that the Ministry of Justice planned to amend the charges because it was defective.
After getting the court’s nod, the prosecution amended the charge by including rape and other additional charges under different relevant laws.
When the fresh four-count charge was read to him by the court clerk, the defendant opted for a not-guilty plea.
The presiding Magistrate, Oyindamola Daramola, ordered that Oluwatomisin be remanded in Ilesa Correctional Centre and adjourned the matter till January 12, 2024 when hearing would begin on the matter.
The mother of the victim, simply identified as Nike, had cried out for justice.
Her daughter had narrated how their male neighbour had been inserting his hand inside her private part whenever the mother was away.
The mother wept profusely upon discovering that her daughter had been serially assaulted sexually and abused by Oluwatomisin.
She had urged the state government, security agencies and other concerned stakeholders to ensure that justice prevails in the matter.
A leading human rights activist in the state, Citizen Lola Wey, had taken up the matter and ensured the arrest of the suspected abuser before his eventual arraignment and remand.
