A lecturer from the University of Benin (UNIBEN), Dr. Bode Ekundayo, has been acquitted of rape charges by the Edo State High Court in Benin, presided over by Justice Mary Itsueli.
The court’s decision comes three years after the initial allegations were made.
Advertorial
Dr. Ekundayo, an Associate Professor in the Department of English and Literature, was accused of demanding sexual favors in exchange for grades from a 21-year-old 400-level student, Miss Anita Adesuwa Efosa, on October 5, 2021.
The alleged incident was said to have occurred in his office at UNIBEN’s Faculty Complex during the day.
Following the allegations, the university placed Ekundayo under an inquiry and suspended him pending the results of a police investigation and court proceedings.
Advertorial
He was detained for several weeks before being released on bail with stringent conditions.
However, after a lengthy legal battle, the court has now discharged him due to insufficient evidence.
In case number B/CD/8CV/22, Justice Itsueli emphasized that the prosecution failed to establish a solid case against Dr. Ekundayo.
Advertorial
Even if the allegations by the victim were accepted at face value, she noted, there was no concrete proof of sexual intercourse or rape.
The judge upheld a no-case submission filed by Ekundayo’s defense lawyer, Dr. Osagie Obayuwana, a former Attorney-General and Commissioner for Justice in Edo State.
Justice Itsueli highlighted the absence of crucial evidence, such as the medical report from UNIBEN’s Health Centre, which the prosecution did not present during the trial.
Advertorial
The report from Vivian Medical Centre, where the alleged victim underwent testing the day after the incident, also failed to confirm any signs of rape.
A medical doctor from Vivian Medical Centre testified that it would be challenging to confirm sexual intercourse or rape 24 hours after the event, basing his conclusions on the alleged victim’s statements rather than concrete evidence.
Justice Itsueli also pointed to the lack of physical evidence, such as bruises or torn clothing, from the police investigation, which included an examination of both the accused and the alleged victim, as well as an inspection of the lecturer’s office.
Advertorial
Given these findings, the judge dismissed the charges, ruling that the prosecution failed to prove the essential elements of rape, including penetration, sexual intercourse, and lack of consent.
Justice Itsueli concluded that the case appeared to be a setup and ruled in favor of Dr. Ekundayo, closing the case for lack of substantial evidence.
