Justice Adekunle Adeleye of the Ado-Ekiti High Court has discharged and acquitted Dr. Ayinde Olukayode, a 55-year-old university lecturer, of rape charges. Olukayode, who teaches at Ekiti State University, had been on trial for allegedly raping a 12-year-old girl, an offense contrary to Section 31 (c) of the Child’s Rights Law, Cap. C7, Laws of Ekiti State, 2012. The News Agency of Nigeria reported that he was arraigned on March 7, 2022, and pleaded not guilty to the charges, which stemmed from an incident that occurred in August 2020.
In his judgment, Justice Adeleye noted that the prosecution’s witnesses introduced doubt into the case due to inconsistencies in their testimonies. The judge stated that the prosecution failed to prove the case beyond a reasonable doubt, leading him to discharge and acquit Olukayode due to insufficient evidence. Throughout the trial, the prosecution presented four witnesses and submitted four exhibits, while the defense called five witnesses. The prosecution claimed that Olukayode had carnal knowledge of the victim multiple times, yet the victim testified that she had not informed anyone about the incidents.
A medical examination conducted on the minor revealed that her hymen was broken and confirmed the presence of a fresh injury on her external genitalia, although there was no discharge. The child recounted that in June 2021, a group led by the Ekiti State Attorney-General visited her school to provide a sensitization lecture. During this visit, she noted down the Ministry of Justice’s helpline as dictated by the attorney-general. Seeking help, she confided in a man who owned a shop next to her guardian’s home, intending to borrow his phone to call the helpline. Instead, the man informed one of her teachers, who subsequently alerted the principal, leading to contact with the Ekiti State Sexual Referral Centre.
Olatunji Ojo, the father of the minor, testified under oath as a defense witness, asserting that Olukayode did not rape his daughter, describing him as “a father to all.” In his defense, Olukayode claimed to be suffering from erectile dysfunction, which he argued medically precluded him from engaging in sexual intercourse. His wife, Eunice Olabisi, also testified, stating that despite their romantic interactions over the past five years, her husband had been unable to have sex due to his condition, further supporting his claim of innocence. The defendant’s counsel, Mr. Oladele Adedeji, argued that the evidence presented by the prosecution did not sufficiently link Olukayode to the crime. He emphasized that a medical examination should have been conducted shortly after the alleged incident to clarify the circumstances surrounding the broken hymen.
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