In what appears as an act of forgiveness, a 24-year-old woman (name withheld), and a rape victim shocked as Ikeja Sexual Offences and Domestic Violence Court on Thursday when she said she forgave her assailants, and seek to withdraw criminal charges against them.
She was allegedly drugged and gang raped at a nightclub by two dropouts of Babcock University, Don Chima George, and Olusegun Razak in an hotel in Lekki, Lagos.
The letter dated June 3, 2019, was addressed to the Director of the Directorate of Public Prosecution (DPP), was signed by the complainant. It was read aloud in court by Justice Abiola Soladoye.
The letter said âIâam the complainant in the above mentioned charge and I humbly write to withdraw from the case as Iâam no longer interested in it.
âThis is due to intervention of family members and for the sake of my integrity. Thanks for your cooperation and understanding.â
Mr Akin George, a Deputy-Director in the Directorate of Public Prosecution (DPP) and lead state prosecutor, however, vehemently opposed the complainantâs request for withdrawal of the case.
He noted that the complainant was in court for the continuation of her cross-examination by the defence.
âWe do not have a directive from the office of the Attorney-General (AG). My lord, the Honourable AG is the complainant in this case. In every criminal matter, victims are naturally witnesses and as we speak, there is no AG in office due to the change in power.
âWe are also aware of the rules of the Administration of Criminal Justice Law (ACJL) which states that even the Court of Appeal cannot stay an ongoing proceeding.
âOur office initiated this action in court and there has to be a closure one way or the other.
âMy lord, we have submitted issues for the respective decisions of this court. We will bring the witness to state her position before the court while we continue proceedings and await directives from the AGâs office,â George said.
Responding, Mr Tunji Ayanlaja (SAN) said while he shares the views of the prosecution that Lagos State originated the criminal suit, he disagrees that the absence of the AG creates a vacuum. He also sought the release of the defendants from prison.
âThe constitution is so clear that when we do not have an AG in office, the Solicitor-General takes over the function of the AG. My lord, we are ready to proceed.
âThe unfortunate thing is that the defendants have been in prison ever since. The complainant which is their (prosecution) witness has developed cold feet for one reason or the other, this development is replete in the letter by the complainant.
âTo meet the end of justice, I apply that your lordship should consider releasing the defendants on bail.
âAt the end of the day, no compensation will be paid to them. They are young men who have languished in jail for four or five months,â Ayanlaja said.
After listening to the submissions of the prosecution and defence, Justice Soladoye said that the court will continue with the proceedings and that bail will not be granted to the defendants because the court had already delivered a ruling denying them bail.
âHowever, so that these proceedings will not be an exercise in futility, a short adjournment will be taken pending directives from the office of the AG,â she said.
The case was adjourned until June 18 for continuation of trial.
On May 15, the complainant while being led in evidence by Dr Jide Martins, a Director in the Directorate of Public Prosecutions (DPP) narrated how she was given a spiked glass of Hennessey and Coca-cola at the Kabaal Nightclub in Ikoyi, Lagos.
She said the spiked drink was given to her by George who was very good friend of hers.
She noted that her, the defendants and a group of friends, left the nightclub shortly after for Georgeâs fatherâs hotel called De-Lankaster hotel in Lekki, Lagos where she lost consciousness.
She alleged that she was raped by George and Rasak in her unconscious state and that the alleged sexual offence was video taped by the defendants.
While being cross-examined
Ayanlaja, she alleged that
her two friends who reported the case to the police, were arraigned in the Magistrate Court on false charges and were victimised by the families of the defendants.
âMy friends stood up for a rape victim, they stood up for me and they were made to pay for that with false allegations.
âThe police laid false allegations of vandalism, theft and attempted murder on my friends. The police officers that arrested my friends are not the ones I reported to.
âIâm aware that those police officers are under scrutiny for corruption,â she said.
George 25 and Rasak, 28 are alleged by the prosecution to have committed the offence on Feb. 3, from 5.00a.m. to 7.00a.m. at De-Lankaster Hotels, Lekki Phase 1, Lagos.
The offences contravene Sections 258 and 409 of the Criminal Law of Lagos State, 2015.
