An Anambra High Court has sentenced a man to 16 years imprisonment for sexual assault and unlawful detention. The court proceedings detailed allegations that the accused abducted and assaulted the victim after forcing entry into her residence.
The victim, who rejected the accused’s claims of a relationship, reaffirmed her account after the court ruling outcome. The Sexual and Gender-Based Violence (SGBV) Unit in Anambra state secured a major conviction in the case between the state and 30-year-old Okafor over rape and unlawful detention.
Court Proceedings and Evidence
When the matter came up on Tuesday, April 28, at the High Court in Awka, the state capital, the prosecution team led by Barr Chikodili Enemo told the court that the accused armed himself with a gun and stormed the residence of the victim at Ezi-Ifite village, Awka, where she lived with her aunt. According to Enemo, the accused demanded that the victim come out of her house, and despite attempts by neighbours to intervene and save the victim, they were unable to do so, as the accused person brandished a gun.
The prosecution said he subsequently abducted the victim and took her to an unfinished building, where he assaulted her. When the victim was later released, her aunt reported the incident to the police, which led to the arrest of the suspect. Four witnesses were called subsequently, including the victim, her aunt, the investigating police officer, and a medical doctor who conducted an examination and confirmed physical trauma consistent with sexual assault.
Accused's Claims Rejected
When the accused person was cross-examined by the court, he claimed that the victim was his girlfriend and insisted that he had committed no offence in having sexual intercourse with her. The defence’s case was discredited under cross-examination by the prosecuting counsel. In her judgment, Honourable Justice Peace Otti found the defendant guilty and sentenced him to 14 years imprisonment for rape and an additional 2 years for unlawful imprisonment. The court also ordered that the convict be registered as a sexual offender in the state.
Prosecution Speaks on Weight of Offence
In an exclusive interview after the court session, leader of the prosecution team, Chikodili Enemo, noted that rape is a serious criminal offence in Nigeria, punishable under several laws, with penalties ranging from 12 years to life imprisonment. She said, "The Violence Against Persons (VAPP) Act, 2015, provides a comprehensive definition, encompassing forced, non-consensual penetration of the vagina, anus, or mouth, with penalties including life imprisonment or a minimum of 12 years without a fine."
"Violence Against Persons (VAPP) (Prohibition) Act 2015 sets a minimum 12-year sentence for adults, and a minimum 20-year sentence for gang rape. It also mandates a public register for convicted sex offenders. The Criminal Code Act (Section 357-358) defines rape as unlawful carnal knowledge of a woman or girl without consent, punishable by life imprisonment. Penal Code treats rape as a severe offence, with penalties including imprisonment (often life) and potential whipping." Enemo added, "Rape is a serious crime, and in Nigeria, the seriousness of the crime is acknowledged as it carries a life sentence."
On unlawful imprisonment, she explained that it is punishable under Nigerian law as both a crime and a tort, violating fundamental rights guaranteed by the Constitution. The Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees the right to personal liberty in Section 35, mandating that anyone arrested or detained must be brought to court within 24 to 48 hours. Criminal Code Sections 226 and 364 criminalise unlawful detention and kidnapping, with similar provisions under the Penal Code. She regretted that while these laws are in place, the prevalence of rape is high, and convictions can be rare due to social and systemic issues.
Victim and Family Open Up
In an interview, the victim said that the convicted person was never her boyfriend. The victim, who preferred to speak under anonymity, said, "He was never my boyfriend as he claimed. He asked me several times to be his girlfriend, but I refused. But he told me that one day, I must agree. I think that was what he did."
The victim's aunt, who also does not want her name mentioned, thanked the court for convicting the offender. She said that many young men have been committing all forms of crimes in Awka without any meaningful checks. The woman also expressed optimism that maximum sentencing such as this will serve as a deterrent to those who indulge in such behaviour.
Related Case: UNILAG Student Testifies
Previously, a 20-year-old University of Lagos student told a Lagos High Court how a senior lecturer allegedly sexually assaulted her inside his office at the Akoka campus after an examination. She testified that the incident occurred after being invited to the lecturer’s underground office, where she alleged she was attacked after other students had left and the door was closed.
