Man Bags Life Imprisonment for Defiling Two Sisters Aged 8 and 4
An Ikeja Special Offences and Domestic Violence Court has sentenced Elistan Kumagbo to life imprisonment for defiling two sisters aged 8 and 4.
Justice Rahman Oshodi ruled that the prosecution had proven the case of defilement and sexual assault by penetration beyond a reasonable doubt.
The crime was committed on February 6, 2021, No 34 Olowolagba street Yaba Lagos state.
Elistan was arraigned on May 4, 2022 and pleaded guilty to not guilty. However, in delivering the judgment, Justice Oshodi found him guilty, citing the two sisters who are the victims gave detailed and corroborating evidence, his alleged oral confession to the father in his presence, confessional statement at the police station during investigation and medical reports confirming sexual abuse.
“Elistan Kumagbo, you have been found guilty of two serious offenses against children: one is a defilement of an 8-year-old girl, and the other is sexual assault by penetration of a 4-year-old girl.
“You exploited their vulnerability and betrayed the trust of their family. During the criminal trial, I heard evidence of how you repeatedly subjected these young girls to sexual abuse.
“You have shown no remorse for your actions. Throughout your trial, you denied knowing these children. Section 137 of the Criminal Law prescribes life imprisonment, and Section 261 of the Criminal Law prescribes life imprisonment for sexual assault by penetration.
“Having considered the circumstances of these cases, I hereby sentence you as follows: On count one, you’re sentenced to life imprisonment, and on count two, you’re sentenced to life imprisonment. The sentences run concurrently.”
Justice Rahman Oshodi also ordered that his name Should be registered as a sex offender.
Delivering the judgement, Justice Rahman Oshodi told the court that the prosecution called five witnesses.
PW1 Monday, the victim’s father; PW2, the second survivor; PW3, the first survivor; PW4, IPO Racheal at Sabo police station Yaba; and PW5, IPO Adeyemi Oluremi. The defense called just one witness, the defendant himself.
During the trial, PW1, the victim’s father, told the court that the defendant was his brother, though they were not blood-related. They both came from the same village, and he always entrusts his children to his neighbors’ care whenever he goes to work.
He told the court that when he got him on that faithful day, the neighbor called Iya-David and said to him that the defendant had sexually abused his daughters. When confronting the defendant, he admitted in his presence that he had sexual intercourse with the first survivor four times and penetration the second victim’s viagina twice.
PW2, was the second victim told the court how the defendant inserted his fingers into her viagna. According to her the incident was reported to her father by Iya-David.
PW3 was the first victim, told the court how the defendant will penetrate her sister’s viagna and remove her underwear, cover her mouth and prevent her from shouting.
PW4 and 5 the IPOs tendered the statements of the victims and their father and the defendant, also the medical reports.
The defendant, in his defense stated that he never made the confessional statements, he also stated that the accusation arose from PW1.
The defendant counsel pray to the court for mercy on behalf of the defendant.
The prosecutor counsel, Bukola Okeowo urge the court to convict and sentence the defendant as the case of defilement and sexual assault have been proved.
“My Lord the defendant was seen as a brother by the complaint because they came from the same village. The convict did not only bridge the trust of geh family but took advantage of two sisters, 8 years and 4 years. He should be sentenced accordingly 137 and 261 of the Criminal Law and this should also pass a message to the society.”
