The Ikeja Sexual Offences and Domestic Violence Court on Thursday discharged and acquitted a 23-year-old student, Victory Tasie, charged with defiling his girlfriend.
In a ruling on a “no-case’’ submission filed by defence counsel Rukayat Owolabi, dated March 19, presiding justice Abiola Soladoye held that the prosecution failed to discharge the burden of proof of defilement against Mr Tasie.
The judge ruled that the first witness (Mr Tasie’s girlfriend), called by the prosecution, testified that the respondent Mr Tasie was her boyfriend and did not rape her.
She ruled that the testimony of the alleged survivor of defilement was fundamental, and she had testified before the court that she was not a minor when she got pregnant for Mr Tasie.
The girlfriend testified before the court that she was born on April 12, 2003.
“The defence counsel filed a no-case submission dated March 19 that the prosecution had failed to establish the charge of defilement against the defendant and she urged the court to discharge and acquit him.
“The prosecution closed its case on February 8 only after calling one witness (the girlfriend) and no other one. I have carefully considered the submissions of the learned counsel, and the court finds that the prosecution failed to prove the charge of defilement against the defendant.
“I hereby uphold the no-case submission of the defendant in this case. The defendant has no case to answer, and he is hereby discharged and acquitted,’’ the judge ruled.
The Lagos government had accused Mr Tasie of raping the girl in January 2022 when she was 16 years old, according to the charge sheet.
In her testimony dated November 8, 2023, however, the girlfriend told the court that she was 19 years old when she got pregnant for Mr Tasie and not 16 years old as claimed by the government.
She also confirmed to the court that Mr Tasie did not rape her as they were in a romantic relationship and had consensual sex.
“I know the defendant. He is my boyfriend. I am here in this court to say that he did not rape me. I was 19 years old when I got pregnant and not 16 years old,’’ she testified.
The prosecution had earlier submitted that the alleged offence contravened the Criminal Laws of Lagos State (2015).
(NAN)