Osogbo rape victim transferred to FCT

An Osogbo magistrate’s court has ordered the immediate arrest of the Alowa of Ilowa, Oba Adebukola Alli, on the grounds that his alibi that he suffered a stroke was unacceptable.

The Magistrate, Mr Adewunmi Makanjuola, on Friday, ordered the arrest of the monarch, who is standing trial over an allegation that he raped a female National Youth Service Corps member (name withheld)


NYSC Chief Inspector, Mr. Rauf Busari, told the court that the victim was initially posted to NYSC state headquarters, Osogbo before she was later redeployed to the Federal Capital Territory, Abuja for security reasons.

The one-count charge of rape against the monarch indicated that “the 47-year-old Alli, on Friday, March 25, 2011, at about 6pm at Rasco Housing Estate, Osogbo, did unlawfully have carnal knowledge of the 23-year-old NYSC member.”

Prosecution counsel, Mr Olufemi Adedokun, in his submission on Friday, contended that the medical report obtained from University College Hospital, Ibadan, showed that the accused only complained of headache when he visited the hospital.

This was contrary to the claim by the lawyer to the accused, Mr Tewo Lamuye, who submitted during the last sitting of the court on the matter, that Alli suffered a stroke.

Lamuye was, however, not in court on Friday when the case came up.

Quoting the medical report signed by the Chairman, Medical Advisory Committee, UCH, Dr J. A. Otegbayo, Adedokun stressed that the accused person was discharged on June 10, 2011 in good health, “having complained of headache and not stroke.”

Two weeks ago, the accused visited the Ladoke Akintola University Teaching Hospital, Osogbo, where he complained of suffering from stroke.

LAUTECH subsequently referred Alli to the Obafemi Awolowo University Teaching Hospital but Alli’s lawyer said the monarch’s wife took him to UCH instead.

Holding a watching brief for Alli, Mr Sunday Atofarati, said only “a medical doctor could differentiate the nexus between headache and stroke.”

But the prosecution disagreed with the defence counsel’s submission, urging the court to invoke Section 281(1) of the Criminal Procedure Law, Cap 35, Volume 2, Laws of Nigeria, 2005.

Adedokun prayed the court to arrest the monarch or his surety with immediate effect.

Objecting the position of Adedokun, Atofarati told the court that he was on watching brief in the case, adding that the information he gathered from Lamuye was that Alli had been discharged and advised to be on bed rest because he (Alli) could not walk.

Atofarati noted that he was served the “uncertified” medical report in court on Friday, stressing that the report did not bear the stamp of UCH and, as such, should be discountenanced.

The prosecution counsel, who disagreed with Atofarati, maintained that “it is elementary in provision of law that a document speaks for itself,” adding that the medical report bore UCH letterhead and was duly signed by the CMAC.

Ruling, the magistrate upheld the medical report presented in court, saying “I have before me a medical report written on the letterhead of a federal university teaching hospital, signed by the CMAC. I’m satisfied with the signature. The issue of the stamp should not be a problem.”

“As it was stated in the last paragraph of the medical report, the accused was discharged in good health; I do not see why the accused person is not in court today.

“Therefore, the bench warrant is reinforced on the accused person and should be arrested with immediate effect. More so, the complainant must be in court on the next adjournment date.”

He subsequently adjourned the case to June 24, 2011, for accelerated hearing.

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