Wale Igbintade
An Ikeja Sexual Offences and Domestic and Violence Court (ISODVC) yesterday convicted and sentenced a 51-year-old man, Pastor Nduka Anyanwu, to life imprisonment for defiling and impregnating two teenage sisters.
Justice Abiola Soladoye, in her judgment, held that evidence canvassed by the prosecution revealed that the defendant is guilty as charged for the offence of defilement.
Anyanwu was arraigned on April 17, 2022, on a two count charge of defilement of a child by the Lagos State Government.
The offence, which was committed between 2019 and August 2020, at Arowojobe Street, in Oshodi area of Lagos, is punishable under section 137 of the Criminal Law of Lagos State 2015.
The defendant pleaded not guilty when he was arraigned.
During trial, the prosecution called six witnesses while the defendant testified as his sole witness.
The first prosecution witness testified that though she is now 15-year-old, but that she was 13-year-old at the time the incident happened.
She testified that the defendant was known to her as the pastor of their church and that he had been having sex with her and warned her not to tell anyone.
The victim stated that the defendant said that she would not get pregnant, but she eventually got pregnant and had a child for him that is now three months old.
Under cross examination, the victim was consistent with her testimony that the defendant had sex with her many times, and that she could not remember the number of times.
The second prosecution witness, the older sister to PW1, now 19-year-old, said she was 17-year-old, at the time of the incident.
She collaborated with the first witness’ testimony that the defendant was their pastor.
She narrated how the defendant had sexual intercourse with her with the consent of her parents that he would take her abroad for greener pastures.
The victim stated that the pastor had sex with her severally; adding that she had a mark on her body that was preventing her from moving forward in life and that the pastor said the mark can only be removed through sex.
She further told the court that she told the pastor that she has to tell her parents, so the pastor discussed it with her parents, and her parents agreed that he should have sex with her for three days to remove the mark.
“After three days, he still continued and I now went to complain to my parents of what the defendant was doing to me by having sexual intercourse with me.
“But my parents were angry that I was not cooperating with the defendant and sent me back to the defendant’s house,” she added.
The victim said that when she got tired and went back home, she noticed that her younger sister (PW1),was pale and also sick.
She said their mother took them to the clinic for checkup and when pregnancy test was conducted, it was confirmed that both of them were pregnant.
Mrs. Memunat Dawudu, a guardian and Counselor with Lagos State Government, who collaborated the evidence of the victims, testified that she got to know about the matter on August 3, 2020, from the Oshodi Primarily Health Centre.
The father of the victims, in his testimony stated that he knew the defendant.
He said he was aware that the defendant was having sex with his daughters.
The mother of the victims in her evidence stated that she was shocked, when she found out that her two daughters were impregnated by the same man.
Anyanwu, in his defence, stated that it was the father of the victims who gave him the second prosecution witness (PW2), as a wife and they were having conjugal relations.
While delivering judgment, the judge held that the prosecution was able to discharge the burden of proof placed on it, on the charge of defilement.
Justice Soladoye held that the three ingredients of defilement, were that the child was under age, the defendant had sexual intercourse with the victim and that the consent of the child was not sought.
She said: “From the evidence before me in this case one of the victims was 17 year old, while the other was 13 year old. They both appeared before me, to testify and I believe them.
“The defendant himself in this court said the second victim’s father gave her to him to marry. But this cannot be taken as consent. The law says that anyone under 18 years old cannot be married out.
“The fact that the father consented to the defendant having illicit relations with his daughters does not exonerate him of the charge of defilement.
“Defilement must be collaborated with evidence, having sex with his so called wife, that is the collaboration from him (Anyanwu), and the medical test also collaborate the testimony of the victims.
“In the instant I am convinced of the evidence led that the defendant is guilty as charged for the offence of defilement.”
“The police shied away from their responsibility, by not charging the father of the victims along with the defendant.
“The parents of the victims are highly irresponsible and reckless in their parenting. The negligence of their children has contributed to them now being grand parents of two additional mouths to feed. They should have been sanctioned and brought to justice.
“The parents of these two victims, who are biological sisters, acted (irresponsibly for) allowing their so called pastor friend to deceive them that he will help them take their children abroad when the defendant cannot even help himself.
“Nduka Anyawu, you are hereby sentenced to life imprisonment, in respect of count one and count two.
“The sentence is to run concurrently, his name should be registered in the Lagos State offenders’ register.”
