by Akinnusimi Omosewa
Dr Bode Ekundayo has been discharged and acquitted of rape by the High Court after three years of judicial disputes. He was accused by Miss Anita Adesuwa Efosa, one of his 400-level female students, of rape on the 5th of October 2021.
Justice Itsueli, ruling on the suit marked B/CD/8CV/22, held that the prosecution team was not successful in proving their case against the accused, owing to a lack of evidence.
Justice Itsueli, after examining the no-case submission filed by the defence counsel, maintained that the evidence of the PW1 (nominal complainant) was not corroborated with the evidence provided by the other five prosecution witnesses.
In addition, the judge stressed the inability of the prosecution team to provide the University of Benin Teaching Hospital’s medical report as an exhibit to the court during the trial.
Justice Itsueli insisted that the main elements of rape, which include penetration, sexual intercourse, and lack of consent, were not established by the prosecution team, whilst explicitly stating that the penetration must be linked to the defendant.
The judge also mentioned that the police failed to carry out a proper investigation before the accused was charged to court.