Justice Rahman Oshodi delivered the judgment on Tuesday, finding Isaac guilty of the offence committed on March 10, 2022, and holding that the prosecution had proved its case beyond reasonable doubt.
The court also ordered that Isaac’s name be entered in the Sex Offenders Register in accordance with the Lagos State Domestic and Sexual Violence Agency Law 2021.
Isaac was prosecuted under Section 137 of the Criminal Law of Lagos State, 2015, which prescribes life imprisonment for unlawful sexual intercourse with a child.
Justice Oshodi held that the prosecution established the two essential elements of the offence: that the victim was a child and that Isaac had sexual intercourse with her.
The judge rejected Isaac’s denial that he went beyond the school gate on the day of the incident. Isaac had claimed that he visited the school to pick up pupils he transported on his motorcycle but remained at the gate.
The court, however, held that his own evidence placed him at the school at the relevant time, while the victim identified him as the person who took her into the toilet.
Justice Oshodi also rejected Isaac’s defence of alibi, noting that he had not claimed to be somewhere else when the offence occurred.
The judge found the testimony of the victim, who was nine when she testified, credible and consistent, saying she gave a clear and detailed account of how Isaac, whom she knew as “Master Isaac”, took her into the school toilet and sexually assaulted her.
The court noted that the girl identified Isaac in court and maintained her account despite lengthy cross-examination.
Justice Oshodi said the victim’s testimony was further corroborated by evidence from her mother, who testified that she noticed blood on her daughter’s underwear and vagina after she returned from school.
The judge also relied on medical evidence from a doctor who examined the girl at the Mirabel Centre, noting that the findings were consistent with penile penetration.
The court rejected the defence argument that the absence of DNA or sperm testing weakened the prosecution’s case, holding that the medical evidence supported the evidence of penetration.
Justice Oshodi also dismissed claims that the child could have been sexually abused by her stepsister, describing the suggestion as speculation.
The judge similarly rejected an audio recording tendered by the defence in which a teacher claimed the child later said the incident was a dream. He noted that the teacher had initially responded that the allegation could not be true before questioning the child until she denied the incident.
The court also dismissed a survey report presented by the defence to suggest that the school toilet was too small for the offence to have occurred there, noting that the survey was conducted more than three years after the incident and during the pendency of the case.
Justice Oshodi further rejected the defence claim that the prosecution was motivated by tribal sentiment because Isaac is Igbo, saying there was no evidence of previous hostility between him and the victim’s family.
During sentencing, the judge said Isaac had abused the trust placed in him by the child, her family and members of the community who entrusted their children to him for transportation.
The court held that Isaac exploited that trust to lure the child into the toilet and commit the offence before sentencing him to life imprisonment.
Justice Oshodi also directed the prosecution to take immediate steps under the Victim Assistance and Witness Protection Law 2022 to secure any protection and support required by the victim and her family.
The order followed a complaint by the victim’s mother that staff of El-Bossaa Nursery and Primary School had allegedly continued to intimidate her and the child in Epe. The judge, however, stated that the court made no finding on the complaint.
The prosecution was led by Inumidun Solarin, assisted by B.E. Okeowo and I.E. Balogun, while Anthony O. Agadah represented Isaac. E.I. Ukpabio held a watching brief for the nominal complainant.
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