Justice Jide Falola of the State High Court, sitting in Ikirun, hearing the rape case of 23-year-old ex-corps member has discharged and acquitted the Alowa of Ilowa-Ijesa in Obokun Local Government Area of Osun State, Oba Adebukola Alli of the offence which he was accused of committing in 2010.
The 23-year-old ex-corps member alleged that the monarch tricked her to Osogbo, the state capital, and raped her.
But Alowa of Ilowa-Ijesa had insisted they were lovers during the period.
The court said the prosecution could not prove the case “beyond reasonable doubt” and the monarch’ counsel, Taofeek Tewogbade, described the ruling as “God’s judgment coming at the right time”.
But the state’s counsel, Mr. Femi Adedokun, who represented the plaintiff, said the state government may appeal the judgment of the State High Court.
Justice Falola said a case of rape could only be established with exhibits, such as the used bedsheet, the victim’s underpant and a medical report indicating forceful penetration, submitting that the prosecutor failed to tender all these.
The judge cited the case of Corporal Nicholas versus the Nigerian Army, adding that the plaintiff had no proof that she was attacked by the Oba.
He said the plaintiff failed to show the court the bruises on her private part and her allegedly torn clothes.
The judge said the court was not convinced that the plaintiff sustained any injury in any part of her body.
He further declared that the court established that a sexual relationship existed between the duo before their relationship became strained following a misunderstanding.
He further confirmed that there sre evidences that the plaintiff was an acquaintance to the people at the monarch’s palace and his Osogbo home.
However, the judge pointed out that the prosecutor failed to do a proper investigation of the matter; hence the police did not probe the allegation objectively.
The judge also said that the monarch drew shame and disgrace to his royalty for stooping so low to have carnal knowledge of a corp member posted to his community.
But since it was not a legally punishable offence, the Alowa of Ilowa-Ijesa was discharged and acquitted the monarch.