A man, Elistan Kumagbo has been sent to life imprisonment for defiling two sisters, aged 8 and 4.
He was sentenced by a Lagos State Sexual Offences and Domestic Violence Court on Wednesday.
Justice Rahman Oshodi sentenced him after the Prosecution had sufficiently proven the charge of defilement and sexual assault by penetration beyond reasonable doubt.
The convict committed the crime on February 6, 2021 at No. 34 Olowolagba Street, Yaba, Lagos State.
Elistan was arraigned on May 4, 2022 and pleaded not guilty.
Giving the verdict, Justice Oshodi found him guilty as charged.
Justice Oshodi noted that the two sisters who are the victims gave a detailed and corroborating evidence on the matter.
The judge held that the convicts oral confession to the father in his presence, confessional statement at the police station during investigation and medical reports confirmed sexual abuse.
“Elistan Kumagbo you have been found guilty of two serious offences against children, one is defilement of an 8-year old girl and sexual assault by 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 prescribe life imprisonment, Section 261 of the Criminal Law prescribe life imprisonment for sexual assault by penetration.
“Having considered the circumstances of these case I hereby sentenced 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.”
Justice Oshodi also ordered that the convict’s name should be registered as a sex offender.
During trial, the prosecution called five witnesses while the convict testified for himself.
During the trial the first Prosecution Witness, PW1- the victims’ father told the court that the defendant is his brother though they are not blood-related. Both came from the same village and he always entrusts his children to his neighbours’ care whenever he goes to work.
He told the court that when he got home on the day of the incident, a certain neighbour (names withheld) reported to him that the defendant had sexually abused his daughters.
And when he was confronted, the defendant admitted in his presence that he had sexual intercourse with the first survivor four times and penetrated the second victim’s vagina twice.
The second prosecution witness was the second victim told the court how the defendant inserted his fingers into her vagina.
The third prosecution witness was the first victim, who told the court how the defendant will penetrate her sister’s vagina and remove her underwear, cover her mouth and prevent her from shouting.
Also, the Investigating Police Officers tendered the statements of the victims, their father and that of the defendant, including the medical reports.
The defendant, in his defence, stated that he never made the confessional statements, he also stated that the accusation arose from PW1.
The defendant counsel prayed to the court for mercy on behalf of the defendant.
The Prosecution Counsel, Bukola Okeowo urged the court to convict and sentence the defendant as the case of defilement and sexual assault have been proven.
“My Lord, the defendant was seen as a brother by the complaint because they came from the same village. The convict didn’t only breach the trust of the family but also took advantage of two sisters, 8 years and 4 years. He should be sentenced according to Section 137 and 261 of the Criminal Law and this should also pass a message to the society.”
