CYRIACUS IZUEKWE
The police in Shasha Division have arrested a 50-year old owner of popular school, one Babaniyi Elijah, over the defilement of a 2-year old pupil in Lagos.
P.M.EXPRESS reports that Elijah runs the school located at Adenrele Close off Greenland Street, Shasha, Lagos, where the victim was enrolled as a pupil.
The arrest of the suspect followed a test conducted at Mirabel Centre where it was discovered that the little girl had been violated and defiled severally.
The parents of the girl entrusted the victim to the care of Mr. Elijah, who usually come to their home to pick the girl and bring her back after school hours. The matter became open when the suspect brought the victim back from school and she was taken to the bathroom. When the mother drew her hand to the little girl’s private part, she cried due to pains.
When her private was checked, it was discovered she had been deflowered. She was then taken to the Mirabel Centre for examination and the test also confirmed the defilement.
The matter was reported to the police and Elijah was invited over the matter. He refused to show up and went into hiding.
However, Elijah later showed up at Area M Command where the Area Commander summoned the IPO to the Command over the matter.
The Area Commander was said to have directed the IPO, one Abigail, to take Elijah to the Division, obtain his statement and bring back the matter to the Command.
The matter has attracted a lot of reactions from the residents as many wondered why Elijah refused to show up at Shasha Division and went to Area M Command.
They also believed that it was the duty of the Gender Section of the State Command to investigate such a matter and wondered why Elijah preferred the Area M Command.
When P.M.EXPRESS correspondent visited Shasha Police Division, Elijah was seen writing statement but efforts to speak with the DPO, CSP Oke Oluwafulayo, proved abortive.
When the father of the victim was contacted, he explained that he was shocked over what happened to her daughter. He said when they confirmed that his daughter was violated and reported to the police that the suspect refused to show up but preferred to use police at Area M Command to suppress them.
He said he owed his daughter protection and that he will ensure that justice was done on the matter.
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This is really unfair. I am shocked on your hearsay publication. You have no proof and this is an obnoxious accusation. Why report an untrue story. It goes to show how lazy and lousy your publication is.
Directorate of Public Prosecution has cleared one Elijah Babaniyi, who was arrested over alleged sexual assault on a school pupil, of any wrong based on inability to establish the allegation against him.
According to a legal advice dated 8thApril, 2019, and signed by Dr. Jide Martins, for the Attorney General and Commissioner for Justice, Lagos State, it stated that the defendant, Elijah Babaniyi, should not be prosecuted as available facts were insufficient to establish the offence against him. In the light of the foregoing, the defendant was discharged and ordered to be released from prison custody.
The DPP in their report stated that facts as contained in the duplicate case file revealed that on 4th February, 2019, at about 1500hours, the victim, Daniel Batel, (F) 2 years old, was dropped off by Elijah Babaniyi from the school bus with other children meant to be dropped off to their parents. Her mother, Daniel Stephanie, discovered that she was sweating profusely which prompted her decision to bath the victim. In the process of trying to bath her, it was discovered that she had pains in her private part. When asked she said that somebody had touched her vagina. The victim was taken to a nearby hospital and subsequently to Mirabel Centre, and it was confirmed that she has been abused.
While studying the duplicate case file, the DPP discovered that the victim was not interviewed. There was no report of general observation and no report of bruises or injuries in the vagina.
Looking at the law, the DPP said that the law is clear that the guilt of an accused person can be in at least three ways: by confessional statement of the suspect, by the evidence of an eye witness or by circumstantial evidence.
Following the above, it was stated that there was no eye witness or admission of the fact of the case and the victim, Daniel Batel, has not been able to link Elijah Babaniyi to the offence. It was also outlined that the medical report was not detailed; it did not confirm penile, finger penetration or forceful penetration. It is therefore no conclusive evidence that the victim was defiled as alleged as there was room for speculation and doubt.
The DPP, having carefully studied the duplicate case file, stated that the defendant, Elijah Babaniyi, should not be prosecuted as available facts were insufficient to establish the offence against him. In the light of the foregoing, the defendant was discharged and ordered to be released from prison custody.