MICHAEL AKINOLA
The Lagos State Special Offences and Domestic Violence Court has convicted and sentenced one Elistan Kumagbo to doubled life imprisonment for defiling his neighbour’s two daughters aged 8 and 4 years.
P.M.EXPRESS reports that the presiding judge, Justice Oshodi, jailed Kumagbo for the rest of his life and ordered that his name be registered in the sexual offenders register after holding that the prosecution had proven the case of defilement and sexual assault by penetration brought against him by the state beyond all reasonable doubts.
The convict committed the offences on 6th February, 2021, at 34 Olowolagba Street, Yaba, Lagos State, but pleaded not guilty when arraigned on 4th May, 2022, hence the trial.
Justice Oshodi, in his judgment, jailed the convict after stating that the two sisters, who were the victims of the crimes, gave detailed and corroborating evidence during the trial.
The judge also cited the convict’s oral confession to the survivor’s father, his confessional statement at the Police station during the investigation and medical reports confirming sexual abuse.
“Elistan Kumagbo, you have been found guilty of two serious offences against children; one is a defilement of an 8-year-old girl and sexual assault by the penetration of a 4-year-old girl.”
“You exploited their vulnerability and betrayed the trust of their family; during the criminal trial, I heard evidence of how you repeatedly subjected these young girls to sexual abuse.”
“You have shown no remorse for your actions; throughout your trial, you denied knowing these children. Section 137 of the Criminal Law prescribes life imprisonment, and Section 261 of the Criminal Law prescribes life imprisonment for sexual assault by penetration.”
“Having considered the circumstances of these cases, I hereby sentence you as follows: count one, you’re sentenced to life imprisonment; on count two, you’re sentenced to life imprisonment. The sentences shall run concurrently,” the judge held.
During the trial, the prosecution called five witnesses, while the defence called just one witness, the defendant himself.
During the trial, the survivor’s father told the court that the defendant was his brother, though they were not blood-related. They both came from the same village. The father always entrusts his children to his neighbour’s care whenever he goes to work.
He also testified that when he got home on that fateful day, the neighbour, identified as Iya-David, told him that the defendant had sexually abused his daughters.
The witness said that when he confronted the defendant, he admitted that he had sexual intercourse with the first survivor four times and penetrated the second victim’s virginal twice.
PW2 was the second survivor who told the court how the defendant inserted his fingers into her vagina. According to her, the incident was reported to her father by Iya-David.
PW3, the first survivor, told the court how the defendant would penetrate her sister’s vagina and remove her underwear, cover her mouth, and prevent her from shouting.
The Investigative Police officer, Adeyemi Oluremi, tendered the statements of the survivor, their father, and that of the convict, as well as the medical reports.
In his defence, the defendant stated that he never made the confessional statements and that the accusation arose from PW1. But his claim did not affect the Court from sentencing him to life imprisonment having been found guilty for the offences.