The defendants, who were arraigned on a three-count charge of defilement, rape and assault, were alleged to have committed the offense on October 26, 2014.
The court was told by the prosecutor that the accused persons conspired at about 5pm at 46, First Oromina Street, off Siluko road, Benin, where they not only assaulted the victim but also forcibly had sexual intercourse with her.
The prosecutor said the offences were in contravention of Sections 218 and 222 of the Criminal Code Cap 48, Vol II, Laws of the defunct Bendel State of Nigeria, 1976, applicable in Edo state.
The charge read, “That you, Festus Owie (aka Ebo) on or about October, 2014, at about 1200 hours at No. 46, First Oromina Street, off Siluko road, Benin City, in the Egor Magisterial district did unlawfully have sexual intercourse with one Beauty (surname withheld) aged 12 years, by inserting your penis into her vagina and thereby committed an offence punishable under Section 218 of the Criminal Code Cap 48, Vol II, Laws of the defunct Bendel State of Nigeria, 1976, as applicable in Edo State.
“That you, Blessing Ebiminor, on or about October, 2014, at about 1200 hours at No. 46, First Oromina Street, off Siluko road, Benin City, in the Egor Magisterial district, did indecently assault one Beauty (surname withheld) aged 12 years, against her consent and thereby committed an offence punishable under Section 222 of the Criminal Code Cap 48, Vol II, Laws of the defunct Bendel State of Nigeria, 1976, as applicable in Edo State.
The accused persons pleaded not guilty.
Counsel to the first accused person, had told the court that the complainant had been paid the sum of N100,000 to withdraw the case.
But the presiding magistrate, Igho Braimoh, maintained that the case would be determined, due to the seriousness of the matter.
Braimoh, however, †ordered a relative of the first accused person to tender a statement at a police station, after she was accused by the counsel to the complainant, Mrs. Osasu Ewemade, of allegedly threatening the victim.
The case was later adjourned †to October 19 for cross examination.
