Obafemi Kolawole, a political associate to
Chief Ganiyu Oladiran, a Peoples Democratic
Party chieftain in Ilesa, was on 23 September
2014 convicted and sentenced to life
imprisonment with whipping for rape.
According to PMNews , the said Obafemi was
alleged to have on 15th September 2007
raped an Action Congress of Nigeria (now All
Progressives Congress) member (Tosin
Ajakaye, who was pregnant as at the time of
the incident) after the 2007 gubernatorial
election in Osun state. Kolawole was charged
before the State High Court sitting at Ilesa,
on a two-count charge of rape and indecent
assault contrary to Sections 358&360 of the
Criminal Code cap 34, Vol II, Laws of Osun
respectively in the case of The State Vs
Obafemi Kolawole HIL\2c\2009.
The prosecution called a total of four
witnesses including Tosin Ajakaye, Lawal
Sikiru, Dr. A.I Isawumi and the Investigating
police officer Sgt Olatunji Arojo in proof of
its case, while Obafemi testified in his
defence and called additional four witnesses
including Chief Ganiyu Oladiran, Adediran
Kehinde, Adewusi Olowolodu and Olayinka
Alege.
At the trial, the prosecutor narrated her
ordeal that on 15th September, 2007, the
convict and his cohorts, who are not police
officers came to arrest her at her house at
about 7:30 p.m. for an unknown offence. On
sighting them and knowing their antecedent
in the vicinity, she took to her heels. The
convict pursued, caught up with her and beat
her up. Having overpowered her, he stripped
her naked and raped her.
“When my cry for help became
unbearable, he covered my mouth.
Unfortunately, those living in the same
compound with me had gone to Mosque
because it was the period of the Muslim
fast. Thereafter he bundled me into a
waiting jeep to join two other men whom
I found in the same predicament as
mine,” she said.
She later explained that they were driven to
the home of Chief Ganiyu Oladiran, a PDP
chieftain, and tied to a tree where the trios
were mercilessly flogged. She said Kolawole
later untied her and plucked out her pubic
hair, put it in her mouth to swallow with dry
gin, and thereafter went ahead to insert a tin
opener into her vagina and as well poured dry
gin all over her body. There he raped her
again.
Lawal Sikiru who testified as ‘prosecutor
witness 2′ corroborated her story. He said he
was one of the two naked men in the waiting
jeep; the other was one Gbadamosi Lasun. He
stated further that he had earlier on received
his own share of beating, and bundled naked
into the jeep belonging to Chief Ganiyu
Oladiran when Ajakaye was brought in naked.
He confirmed that the trio were driven to
Chief Ganiyu’s house and tied to a tree where
they were mercilessly beaten and the content
of dry gin was poured all over their body.
According to him, Ajakaye was untied by the
accused who plucked out her pubic hair,
inserted a tin opener into her vagina, and as
well went ahead to pour dry gin in her
(vagina) and then sought the consent of the
Chief to have sexual intercourse with her.
The chief consented and she was taken to the
boot of the jeep from where they heard her
shouting for help.
The Medical examination conducted on
Ajakaye three days after the incident at
LAUTECH by Dr. Isawumi revealed that there
was penetration and that the swap taken from
her was full of alcohol. It was also discovered
medically, that as at the time of the incident
the prosecution was pregnant.
Sgt Arojo the IPO, on his own part, testified
that Ajakaye and others were brought to the
State Police Command Monitoring Unit at
Okefia by Chief Ganiyu Oladiran who claimed
that the trio whom he got arrested were the
ones who assaulted him after the April 2007
Gubernatorial Election in the State.
According to him, while receiving the
statements of all concerned, and conducting
investigation into the matter, it was
discovered that Chief Ganiyu Oladiran’s
captives were indeed the victims, and the
supposed complainants and cohorts were the
accused persons and were consequently
charged to court.
Obafemi Kolawole (the convict) in his own
defence, denied the allegations made against
him. He admitted going to Ajakaye’s house on
the fateful day and arresting her, but denied
stripping her naked, rather he handed her
over to his colleagues, who drove her and
other captives to Chief Ganiyu’s house, where
they were later handed over to the police.
His other witnesses also admitted that Ajakaye
and others were driven to the Chief’s house.
Chief Ganiyu Oladiran, while testifying in
defense of the accused claimed his co-
accused at the Magistrate Court who arrested
the trio were his sympathizers.
The presiding Judge, Honourable Justice A. B.
Abdulkareem, while finding the accused guilty
as charged, pronounced that although the
corroboration of prosecution witness two was
limited to assault, it does not corroborate
penetration which is the vital ingredient
necessary for rape.
However, the medical report tendered by Dr
Isawumi corroborated the needed penetration
and he thereafter found Kolawole guilty.
The
learned trial Judge held that the Prosecution
Counsel Mrs Rachel Ojimi, a Chief State
Counsel, in the Ministry of Justice, has been
able to prove its case beyond reasonable
doubt and consequently convicted the
accused. He however struck out the charge of
indecent assault since it carries a lesser
punishment.
The imports of this judgment are as follows:
(a) Our society is still governed by
laws and that notwithstanding the
fact that you have perceived that
some individuals have wronged you
does not give you the liberty or
license to take laws into your hands
and forgetting the maxim ’UBI JUS
IBI REMEDIUM’ meaning, where
there is a right, there is a
concomitant remedy.
(b) That our courts are still the last
hope of the common man, though
justice may be slow yet its long
hand will surely catch up with the
offender no matter how highly or
lowly placed or affiliated to a
political party.
