Court sentences vigilante to life imprisonment for raping minors

Justice Mary Itsueli of the High Court of Benin has sentenced one Enaho Odigie, a member of a vigilante group of the Egba community in Uhunmwonde Local Government Area of ​​Edo State, to life imprisonment.

DAILY POST reports that the convict was sentenced to prison on August 22, 2021 for the rape of a 12-year-old girl.

The convicted man is alleged to have raped the minor at around 6pm on Ogieva Street, off Benin/Auchi Road behind First Bank, Aduwawa in Benin City.

Justice Itsueli, in her judgment delivered on Friday, May 24, 2024, in case bearing reference B/CD/24CV/21, ruled that the offence contravened Section 4 and was punishable under Section 5(1) of the Edo State Violence Against Persons Prohibition Act, 2021.

It also stated that “a person convicted of rape under Section 4 of this Act may be sentenced to imprisonment for life without the possibility of fine.”

The judge added that the sentence imposed left no discretion to the court and insisted that since the accused was found guilty of the charges, he should be sentenced to life imprisonment.

She also ordered that the defendant’s photograph be deposited with the court and entered into the sex offenders’ register.

In her view, it is “irrelevant that the accused and the plaintiff were not in a compromising situation, since rape is in most cases a crime committed in secret, in which the only direct witnesses are the victim and the perpetrator.

“The required corroboration must confirm material aspects of the plaintiff’s testimony and need not necessarily include direct evidence.

“The victim was not married to the defendant. Notably, both the victim and the defendant testified that they did not know each other before the fateful day.

“As the defence counsel has rightly submitted, in a criminal case a standard of proof beyond a reasonable doubt is required. Therefore, on the totality of the evidence before me, there is no doubt in my mind that Pw2 was raped and that the accused was the one who raped her.

‘In this case, in my view, the seriousness of the offence justifies a penalty, which I must therefore impose.

“The defendant is hereby convicted of the offense of illicit sexual intercourse, which is punishable by life imprisonment.”

The Judge also held that the evidence of Pw2 in cross-examination was cogent and irrefutable and added that penetration of the victim by the accused had occurred even though the consent of the victim was not given and could not be obtained.

Earlier, the prosecution led by Ms. Stella Okojie called four witnesses who presented three pieces of evidence while the accused himself testified.