An Ikeja Sexual Offences and Domestic Violence Court has fixed April 30 to deliver judgement in the case of a 37-year-old commercial motorcyclist, Emmanuel Idoko, accused of sexually assaulting his 12-year-old daughter by testing her virginity with his fingers.
Justice Sybil Nwaka fixed the date after the prosecutor, Mr Jide Boye and the defence counsel, Mr Adeyemi Adegbite presented final written addresses.
The accused is facing a charge of sexual assault by penetration contrary to Section 261 of the Criminal Law of Lagos State 2015.
In his final written address, Adegbite contended that the prosecution had not proved its case beyond reasonable doubt as all the four prosecution witnesses gave contradictory testimonies.
“We most humbly urge this honourable court to absolve the defendant of the charge and discharge and acquit him,”Adegbite said.
On his part, Boye urged the court to convict Idoko and sentence him accordingly.
While testifying for the prosecution on March 5, 2019, Dr Oyedeji Alagbe, a medical consultant with the Mirabel Center, a sexual assault referral center, narrated what the complainant had revealed to him during her medical examination.
Alagbe said: “The client declared in her history that her father though not married to her mother, had her and her male sibling living with him.
“Her ordeal started in 2016, a year before she was referred to the Mirabel Center.
“She said her father came home and said that he heard from people that she was no longer a virgin and he needed to test her to see if it was true.
“He forced her to undress and said he will use his finger to test her, the client was reluctant, he scolded her and eventually did it with his fingers.
“He also said that he would use his penis to examine her and she refused, he beat her and he subsequently started torturing her in the home because she kept turning down his requests.”
Idoko, while testifying in his defence on Nov. 21, 2019, denied putting his fingers in his daughter’s private part to test her virginity or seeing her naked.
“My daughter is following bad friends, my neighbours said all sorts of things about her. I initially did not believe it until I saw it myself.
“On Nov. 21, 2017, I saw my daughter with some boys while her brother was in the house watching television. When I called her name, the boys ran away and I asked her to tell me who her boyfriend was.
“When I tried to beat her, she tried to fight me like those friends of hers who beat up their parents. That was the reason I beat her that day,” he said.
According to the prosecution, Idoko committed the offence of sexual assault by penetration between July to November 2017 at his residence located at Akewusola St., Oworoshoki, Lagos.
“He sexually assaulted his 12-year-old daughter by penetrating her vagina by using his finger,”Boye said.
The offence contravened Section 261 of the Criminal Law of Lagos State 2015.