Justice John Adeyeye of the Ekiti State High Court sitting in Ado-Ekiti has discharged a convicted rapist, Dennis Agaya Kiyede, on health ground.
In his judgement, Adeyeye said, “The prosecution has established that offence of rape was committed by the accused person. I find him guilty of the offence as charged and he is accordingly convicted. ”
He however ruled that it was obvious the convict was very ill as he could no longer stand on his feet after being in custody since he was arrested. He said the convict must have learnt his lessons and under his current predicament, he is cautioned and discharged.
According to the charge, the offence was committed on or about the February 14, 2019 at Ilupeju area of Ijan-Ekiti in Gbonyin Local Government Area of the state.
Kiyede, 52, was said to have raped his 16-year-old cousin who was living with him, contrary to Section 31(2) of the Child’s Rights Law, Cap. C7, Laws of Ekiti State of Nigeria, 2005.
To prove his case, the prosecutor, Mr Felix Awoniyi, called two witnesses while the accused confessional statement was tendered as exhibit.
The accused spoke through a counsel from Legal Aid Council, Mr Yinka Opaleke, who before sentencing pleaded passionately with the court. He described the accused as a first offender, adding that he had been in the custody since he was arrested and above all, he was seriously ill and could no longer stand on his feet.