An Ekiti State High Court sitting in Ado Ekiti has discharged and acquitted a 33-year-old man, Adekunle Samson, three years after he was charged with rape.
The charge against the defendant who was first arraigned before the court on November 5, 2019, on one count of rape, read: “Adekunle Samson, on April 25, 2018, at Ise Ekiti, did rape one Yemi, contrary to Section 358 of the Criminal Code Law, Cap. C16, Law of Ekiti State, 2012.”
While three witnesses were called in by police prosecutor, Richard Olowoyo, who also tendered a medical report and a cutlass as exhibits, the defendant who pleaded “not guilty”, spoke through his lawyer, and called no witnesses.
Ruling on the case, Justice Bamidele Omotoso said the prosecution has failed to prove beyond reasonable doubt the allegation of rape against the defendant. He added that the defendant and his alleged victim had consensual sex.
The judge said: “I have come to the conclusion that the prosecution has failed to prove beyond reasonable doubt the allegation of rape against the defendant.
“I found as a fact that there existed an amorous relationship between the defendant and the victim prior to the incident and that alleged sexual intercourse which prompted the police to arrest the defendant and arraign him before this court was done with the consent of the victim. In conclusion, the defendant, Adekunle Samson, is hereby discharged and acquitted of the offence of rape.”