Relief as UNIBEN Lecturer Tried for Rape Is Acquitted

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It was a huge relief for Dr. Bode Steve Ekundayo, a senior lecturer in the Department of Literature at the University of Benin, (UNIBEN) Edo State, who was three years ago arraigned for alleged rape of a female, student as he was on Friday discharged and acquitted by a state High Court.

Ekundayo, popularly called Dr. Steven, allegedly sexually assaulted a final year female student of the department in his (Ekundayo’s) office sometime in October 5, 2021.

Consequently, the accused was issued a query by the management of the University and placed on interdiction pending the final determination of the case in court.

The university don was subsequently arrested and arraigned for sexual assault but was later granted bail on stringent conditions.

However, Ekundayo has now been discharged and acquitted for lack of substantial proofs and evidence against him after over three years of legal battle.

Ruling on the Suit marked B/CD/8CV/22, Justice (Mrs.), Mary Itsueli, returned the verdict that the prosecution team failed to prove their case against the accused.

Justice Itsueli, while upholding the no-case submission filed by the defense counsel and former Attorney General and Commissioner for Justice, Dr. Osagie Obayuwana, maintained that the evidence of the PW 1 (the nominal complainant) was not corroborated with the evidence of the remaining five prosecution witnesses.

The judge also held that the prosecution team failed to tender the University of Benin Teaching Hospital’s (UBTH) medical report as exhibit to the court during the trial.

Itsueli posited that the prosecution team could not establish the three main ingredients of rape which she listed to be penetration, sexual intercourse, and no consent, adding that the penetration must be linked to the defendant.

She also held that the police never carried out thorough investigation before charging the accused to court.

“The prosecution case is bereft of evidence, and in a criminal case, the claimant is required to prove his/her case beyond reasonable doubt.

“I found no reason to call the defendant to enter the dock for his defense. No case submission of the defense counsel is hereby upheld.

“The case is hereby dismissed for lack of evidence and the accused is discharged and acquitted’, Justice Itsueli ruled.