Court Sentences School Lagos Bus Driver To Life Imprisonment For Defiling 3-Year-Old Child

Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court, Ikeja, has slammed a life sentence on a school bus driver, Michael Mowete, for defiling a three-year-old child.

The judge took the decision while passing judgment on the defilement charge made against the convict by the Lagos State Government (LASG).

While holding that the prosecution has discharged the burden of proof beyond a reasonable doubt, the charge of defilement against the convict, Justice Oshodi declared that the convict’s allegation of having an amorous relationship with the mother of the survivor in her shop did not hold water as one of the defence witnesses, the school bus assistant, told the court that the convict was always in the bus whenever they dropped the survivor at her mother’s shop.

Justice Oshodi maintained that the prosecution gave direct evidence as the survivor, despite her age, narrated to the court how the convict defiled her, adding that the evidence of the survivor was corroborated with the mother’s and the medical examination evidence, while the investigative police officer, IPO, gave circumstantial evidence in the case.

According to Justice Oshodi, “The mother of the prosecutrix (survivor) in her evidence said that on September 27, 2019, the school bus driver dropped her daughter off and her daughter told her ‘Mummy! Mummy! Uncle Michael touched my bum and jumped on me.’

“The mother said she thought it was just an ordinary touch until she wanted to bathe her daughter at night, and she started shouting when water touched her private part.

“Despite the prosecutrix’s age, she demonstrated to the court, repeated how the defendant defiled her and said in her evidence ‘Uncle Michael touched my bum, and he jumped on me.’

“The defence in its final written address argued that the prosecutrix was coached, but the evidence before this court does not show this as the defendant in his evidence said that he was alone with the prosecutrix on the day of the incident and this also corroborated the evidence of the mother that on September 27, 2019, the driver solely brought her child home at 6.00 p.m as against the 3.00 p.m which she usually returned home.”

Justice Oshodi insisted that the medical examination revealed recently repeated blunt force penetration of the vagina, just as he said that the defendant’s reliance on the MTN call log as a means of sexual communication between himself and the survivor’s mother could not be established because no evidence was produced in regards to the call log conversation.

The judge opined that the amorous relationship between the defendant and the survivor’s mother was a lie and, even if it was true, it did not negate the fact that the prosecution had established the charge of defilement against him.

“Exhibit P6A and P6B indicted the defendant as he also confirmed in his extra-judicial statement that he was the only one with the prosecutrix in the school bus on the said date.

“It is evident that the defendant forcefully touched the prosecutrix with his hand and penis.

“The totality of the evidence, prosecutrix evidence, corroborate the mother’s evidence and that of the medical report as well.

“The circumstantial evidence of the police showed that the defendant committed the offence.

“The prosecution has discharged the burden of proof against the defendant, and he is hereby convicted under Section 137 of the Criminal Laws of Lagos State (2015),” the judge said.

While sentencing the convict, Justice Oshodi ordered that his name be registered in the Lagos State Sexual Offences Register.

He said: “Michael Mowete, this court has found you guilty of the charge of defilement.

“You have defiled a child, barely three years of age, and you attempted to traumatise her family by fabricating that you had an amorous relationship with her mother.

“The mother of the child told this court that urine comes out of her daughter’s vagina every 15 to 30 minutes, and this shows how much damage you have done to the child.

“You are hereby sentenced to life imprisonment, and you shall serve the remainder of your term in the Maximum Correctional Centre.”

During the trial, the counsel for the LASG, Babajide Boye called four witnesses while the defence also called four witnesses.

In its argument, the prosecution had submitted that the convict committed the offence on September 27, 2019, on Okeho Street, Isolo and Lukmon Street, Ago, Okota, Lagos State.