Ex-Teacher Sentenced to Life for Defiling 8-Year-Old Student

The Lagos State High Court in Ikeja has sentenced a former teacher, Nwatu Isaac, to life in prison for defiling an eight-year-old pupil in the toilet of El-Bossaa Nursery and Primary School, Epe.

Justice Rahman Oshodi delivered the judgment on Tuesday. He found Isaac guilty of defiling the girl on March 10, 2022. The judge noted that the prosecution proved the offence beyond reasonable doubt.

The court also ordered that Isaac's name be added to the Sex Offenders Register according to Sections 33 and 38 of the Lagos State Domestic and Sexual Violence Agency Law 2021.

Isaac faced prosecution under Section 137 of the Criminal Law of Lagos State, 2015. This law states that anyone who has unlawful sexual intercourse with a child can receive life imprisonment.

The judge confirmed that the prosecution established two key points: the victim was a child and that Isaac had sexual intercourse with her. Justice Oshodi dismissed Isaac's claim that he did not enter the school premises on the day of the incident.

Isaac stated that he went to the school to pick up pupils he transported on his motorcycle, insisting he stayed at the gate. However, the judge pointed out that Isaac's own evidence placed him at the school during the incident. The victim identified him as the person who took her into the toilet.

The court also rejected Isaac's alibi, noting he did not claim to be elsewhere when the offence happened. "On the convict's own admission, he was not at a considerable distance from the scene. He was at its gate," the judge said.

"The victim's evidence places him inside the premises. The defence of alibi therefore does not help him." Justice Oshodi found the victim's testimony credible and consistent. She was nine when she testified.

The girl provided a "clear, detailed and coherent account" of how Isaac, whom she called "Master Isaac", took her into the school toilet and sexually assaulted her. The judge noted the girl identified Isaac in court, and her story remained the same even after long cross-examination.

The court also found support in the testimony of the girl’s mother. She testified that she saw blood on her daughter's underwear and vagina shortly after her daughter returned home from school.

Justice Oshodi further relied on the evidence of a medical doctor who examined the girl at the Mirabel Centre. The doctor found signs consistent with penile penetration, including an easily dilatable introitus and an absent hymen.

The judge dismissed the defence argument that the lack of DNA or sperm testing weakened the prosecution’s case. He said medical evidence supported the claim of penetration. Justice Oshodi also dismissed claims that the child could have been sexually abused by her stepsister as mere speculation.

The court rejected an audio recording presented by the defence. In this recording, a teacher claimed the child later said the incident was a dream. Justice Oshodi noted that the teacher admitted to responding, "No, it can't," when the child first told her the allegation was true, before questioning her until she denied the incident.

The judge stated that the child's later statement could not be seen as free or reliable. The court also rejected a survey report submitted by the defence. This report suggested that the school toilet was too small for the alleged offence to occur there.

Justice Oshodi highlighted that the survey was done more than three years after the incident, while the case was still ongoing and at the convict's request. He noted that defence witnesses gave conflicting evidence about the number of toilets in the school.

The court also dismissed the defence claim that the prosecution was driven by tribal sentiment because Isaac is Igbo. Justice Oshodi remarked that there was no evidence of past hostility between Isaac and the victim’s family. He added that the victim's mother had previously given Isaac a gift after he taught her daughter.

The judge confirmed that the prosecution proved its case beyond reasonable doubt. "Therefore, I find that on 10 March 2022, in the male toilet of El-Bossaa Nursery and Primary School, the convict had sexual intercourse with the prosecutrix by penetrating her vagina with his penis. The second ingredient has been proved beyond reasonable doubt," the judge stated.

The court then convicted Isaac of defilement. During sentencing, Justice Oshodi said Isaac abused the trust placed in him by the child and her family. He noted that Isaac was once the girl's teacher and that parents in the community trusted him to transport their children on his motorcycle.

The judge stated that Isaac exploited that trust to lure the child into the toilet and commit the crime. Justice Oshodi also pointed out that Isaac denied the offence throughout the trial and tried to blame tribal sentiment for the prosecution.

The judge said the court must protect children and make it clear that sexual abuse of children will face serious consequences. The court then sentenced Isaac to life imprisonment.

Justice Oshodi ordered the prosecution to ensure that the victim and her family receive any protection and support they need under the Victim Assistance and Witness Protection Law 2022. This order came after the victim’s mother complained during the sentencing hearing that staff of El-Bossaa Nursery and Primary School had allegedly continued to intimidate her and her child in Epe.

However, the judge made it clear that the court did not make any findings on this complaint. The prosecution was led by Inumidun Solarin, with B.E. Okeowo and I.E. Balogun. Anthony O. Agadah represented Isaac. E.I. Ukpabio held a watching brief for the nominal complainant.