Justice Abiola Soladoye of the Lagos State Sexual Offences and Domestic Violence Court sitting in Ikeja on Wednesday convicted and sentenced a 42-year-old Chief Security Officer of a company, Daniel Okon, to life imprisonment for defiling a 4-year-old girl.
Justice Soladoye handed down the verdict that she ruled that the prosecution had proved the offence of defilement against the convict beyond all reasonable doubt.
The Lagos State government had arraigned the convict before the court on a one-count of defilement of a minor preferred against him by the State.
The prosecutor Olufunke Adegoke
had told the judge during the course of the trial that the convict had unlawful sexual intercourse with the minor.
She had also informed the court that the incident took place at about 11: 30 a.m., on April 21, 2017, in the Aguda Surulere area of the state.
When he was arraigned six years ago, the convict had pleaded not guilty to the offence, which the prosecutor insisted is contrary to section 137 of the criminal law of Lagos State 2015.
During the trial, the prosecution called three witnesses including the victim, while the convict testified in his own defence.
In her judgment delivered yesterday, Justice Soladoye held that the survivor testified that she started shouting and crying when the defendant defiled her and this attracted the neighbours.
The judge also held, “the evidence of the child was also collaborated by her mother’s testimony and that of the doctor that examined her. What is crucial, in this case, is that the child was able to identify the defendant.
“The evidence of the second Prosecution Witness, confirmed that she saw this defendant when he messed with her daughter’s virginity in 2017.
“The mother said she heard a commotion and when she went to check she discovered that the defendant had messed with her daughter.
“The victim’s mother told this court that she and other went to the hospital where they confirmed that there was penetration and that the survivor has been infected,” the judge said.
Justice Soladoye further stated that the third Prosecution Witness, the Doctor, testified that there was a vaginal discharge that the hymen was absent and that there was an opening.
She also pointed out that the convict testified solely in his defence, stating that he didn’t know the girl and her mother and that he just went to use the toilet in the compound when he saw a little girl in the stairway crying.
“The defendant entered into a random compound and under the pretext of using their toilet he saw a 4-year-old child playing around in the compound and he took her and sexually assaulted her by inserting his finger into her vagina.
“The child started screaming and people heard and accosted the defendant and when the child’s mother came she picked her child and saw she was assaulted, had the defendant arrested and the child was taken to the hospital.
“This defendant is a pathological liar, he simply tried to distance himself from the horrible act. He is an unbelievable witness.
“During cross-examination, he said he did not know the victim and her mother, his evidence is laced with lies and an afterthought.
“This assertion of the defence can not fly in the face of the overwhelming evidence before this court,” the judge stated
The judge in addition held that there were three ingredients to prove the case of defilement of a child.
“One the child must be underage, that the defendant had sexual intercourse with the child, and that the child can identify the defendant.
“When the victim came before this court she was seven years old, but she was 4 years old when she was defiled.
“She said she started shouting from the toilet, in law a child can not give consent to intercourse.
“She described how the defendant sexually molested her.
“The mother of this child should also be blamed for being parentally negligent leaving her 4-year-old daughter to be unattended to.
“This mother has herself to blame. Children are precious and should be treated with tender care.”
“Daniel Okon haven been found guilty you are sentenced to life imprisonment. You are to have your name registered in the Lagos state sexual offenders register,” Justice Soladoye held.