The final judgement in the rapè case instituted by an ex-corps member, Miss Helen Okpara, against the Alowa of Ilowa in Obokun Local Government Area of Osun State, Oba Adebukola Alli, suffered a setback yesterday as the monarch applied for extension of time for the ruling.
Many people, who had thronged an Osun State High Court sitting in Osogbo for the ruling, were disappointed as the presiding judge, Justice Oyejide Falola, adjourned the judgement till July 2, following an application for the extension of time. Counsel to the monarch, Mr Taofeeq Tewogbade, said: “There is the need for us to seek for extension of time to allow us defend the case better.
“There are questions the plaintiff needs to answer. Was the lady in question a virgin before she claimed that she was rapè d? We also need to know if any exhibit has so far been presented by medical practitioners. These and other questions need to be answered.”
Stressing that the position of defence is sacrosanct in law, he urged the court to allow his client put up more defence before the court delivered the judgement.
Tewogbade said his client had discovered new issues to raise in his defence, saying Section 36 (CB) of the 1999 Constitution allows for proper defence in any case and provides for extension of time for judgment.
But Mr. M O Adedokun, a senior counsel from the state Ministry of Justice, who represented the Director of Public Prosecution, filed a counter affidavit , describing the defence counsel’s attitude as an attempt to frustrate the judgement.
Adedokun prayed the court to dismiss the application in the interest of justice, adding that the case had gone through series of adjournment,
He said: “The defence counsel had, on April 15, 2013, told the court that he needed no more time for defence when the court asked for his position on its decision to deliver judgement on June 4. This is why there is the need for the court to discountenance the application for extension of time.”
Justice Falola adjourned the case till July 2.
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