Alowa of Ilowa – rape charges. – judgement adjourned for 1mth
An Osun State High Court sitting in Osogbo yesterday failed to deliver judgment in the case of rape instituted by the state against the Alowa of Ilowa in Obokun Local Government Area of the state, Oba Adebukola Alli following the monarch’s application for extension of time on the judgment.
The monarch was alleged to have raped an ex corps member, Miss Helen Okpara
Justice Oyejide Falola who presided over the court had fixed yesterday for final judgment on the case, but counsel to the monarch, Mr Taofeeq Tewogbade introduced a new twist into the over three-year-old case when he applied for extension of time for judgment to allow further defence on the case.
The court however fixed Tuesday, 2nd July, 2013 for ruling on the application brought by the counsel to the monarch.
In the application, Tewogbade stressed that the position of defence is very sacrosanct in law, and urged the court to allow his client put up more defence in the case before the court determines his fate, saying that he has discovered new issues to raise in his defence.
According to him, section 36 (CB) of the 1999 constitution of the Federal Republic of Nigeria allows for proper defence in any case and provides for extension of time for judgment.
He noted that “there is the need for us to seek for extension of time on the case to allow us defend the case better. There are questions the plaintiff needs to answer. Was the lady in question a virgin before she claimed that she was raped? We also need to know if any exhibit has so far been presented by medical practitioners. These and other questions need to be answered.”
However, Mr. M O Adedokun, a Senior state counsel from the state Ministry of Justice who represented the Director of Public Prosecution insisted that the court should deliver its judgment on the matter, stressing that the case had gone through series of adjournment hence the need for the court dismiss the application for extension of time.
He recalled that the defense counsel had on the 15th of April, 2013 told the court that he needed no more time for defence when the court asked for his position on its decision to deliver judgment on June 4.
Adedokun who filed a counter affidavit stated that “the attitude of the defense counsel is an attempt to frustrate the judgment”, and urged the court to dismiss the application in the interest of justice and fairness.
However, Justice Falola ruled that the case be adjourned till 2nd July, 2013 for ruling on the application before the court.