An Ikeja Sexual Offences and Domestic Violence Court has been informed as to how a class teacher, Igwe Ngozi, allegedly fingered a 12-year-old student in the classroom. The survivor (name withheld) hinted to the court presided over by Justice Rahman Oshodi while providing evidence during a virtual hearing, that the incident took place when she was seven years old and that the Defendant was the primary three teacher of Linsy Nursery and Primary School, Igbo-Efon, Alpha Beach Road, Lekki, Lagos. Led in evidence by the counsel for the Lagos State Government (LASG), Bukola Okeowo, the alleged survivor insisted that Ngozi had, on several occasions, invited her to his table and sexually assaulted her by inserting his fingers in her vagina.
In her words: “The Defendant’s desk is at the back of the class, while the pupils’ seats face the board. “He always calls me to his table, puts his hands under my dress and puts his fingers in my vagina. “I cannot remember the exact number of times, but I know he did that to me, numerous times. “When I told my mother, she took me to the police station, Child Protection Unit and Mirabel Medical Centre where a medical examination was conducted on me.
“The doctor did not tell me anything about the result of the report, but he told my mother.” While being cross-examined by the lawyer for the Defence, Mr Onome Akpeneye, the alleged survivor declared that she did not scream while the Defendant allegedly assaulted her. The alleged survivor further confirmed that there was no demarcation in her classroom, as pupils sat in the front while the Defendant sat at the back. In stating that there was no CCTV camera in the school, the alleged survivor maintained that Ngozi put his fingers in her vagina while the class was in session, but she did not scream. Earlier, the Defence lawyer had urged Justice Oshodi to allow the alleged survivor to appear in court for her to be cross-examined.
In his submission, Akpeneye hinged his reasons for his request on the grounds of the alleged survivor’s demeanour and gesticulation in her evidence-in-chief. The lawyer had said: “My lord, looking at the demeanour of the witness, I cannot cross-examine her virtually. “I humbly urge the court that the witcourt to bear in mind that I am doing this case at no cost.” Akpeneye also added that the offence in which the Defendant was charged, was a capital offence and would not want to take chances.
But in her response, the prosecutor prayed to Justice Oshodi to allow the defence counsel to cross-examine the alleged survivor via virtual hearing. In her submission, Okeowo revealed that the alleged survivor was traumatised to come to court and that her presence in court could not be guaranteed. Okeowo posited: “My lord, we cannot guarantee her presence because she was traumatised. “While I was conducting the pre-trial, she was crying uncontrollably. “Also in the last adjourned date, we had informed the court that the second prosecution witness would be examined virtually, in which the Defence counsel did not object.”
In a short ruling, Justice Oshodi over-ruled the submission of the Defence, just as he declared that the Child Rights Act allowed children to provide evidence behind closed doors. Ngozi is standing trial on a count charge of sexual assault by penetration, contrary to Section 261 of the Criminal Lawsof Lagos State, 2015. The defendant had pleaded not guilty following his arraignment, and trial had commenced on the criminal case.
