Justice Abiola Soladoye of an Ikeja Domestic Violence and Sexual Offences Court has fixed April 29 rule for the hearing of the bail application of two men, Don-Chima George, 25, and Olusegun Rasak, 28, charged with drugging and gang-raping a 24-year-old woman in a hotel in Lekki, Lagos.
At the commencement of proceedings today, the Deputy Director of Public Prosecution in Lagos state, Dr Jide Martins, told the court that George and Rasak, who are drop-outs of Babcock University, committed the offences on February 3rd between 5am and 7am at Delankaster Hotels at Lekki Phase 1.
They took their victim to a night club on the said day. While at a nightclub, the defendants allegedly spiked the complainant’s drink with a substance that rendered her unconscious.
They allegedly took the complainant to George’s father’s hotel, raped her in turns while videotaping the sexual offence. According to the prosecution, the offences contravened Sections 258 and 409 of the Criminal Law of Lagos State, 2015
Counsel to the suspects, Mr Tunji Ayanlaja (SAN), via a March 12 summons for bail, applied for the defendants’ bail. He also noted that the prosecution had filed a counter-affidavit, objecting to the defendants bail application “because of the social status of the defendants’ parents.”
“The defendants have been in custody since February 6. The parents of the two defendants are in court and they are of good parentage.
The parents will ensure their sons attend court proceedings. From the counter-affidavit served on us by the prosecution, it seems that the crux of the objection of my learned friends is that the applicants should suffer on account of their parentage.
There are no facts deposed in their affidavit except that they said they may tamper with witnesses. This will not be enough to sway your lordship as special facts for your Lordship to hold that they be denied bail.
There is nothing in the counter-affidavit that should be a clog in your lordship’s discretion in admitting the boys to bail.
The fathers of the boys are in court and they will ensure their attendance of proceedings.” he said
But Martins, who confirmed that he had filed a counter-affidavit dated March 26, opposed him.
He noted that the alleged offences were severe and attract a life sentence if the defendants are found guilty.
According to him, if George and Rasak are granted bail, there is high likelihood of them interfering with witnesses.
“On the issue of the character of the evidence, the alleged rape happened on Feb. 3 at Delankaster Hotels off Admiralty Way in Lekki. The victim (name withheld), is a 24-year-old young lady and the hotel belongs to the father of the first defendant, Don-Chima George.
The lady is well known to the defendants and second defendant, in his statement, admitted to previously spending time in her house.
“By virtue of the victim being well known to the defendants, there are strong indications that the victim will be interfered with. In an allegation of rape that the victim is well known to the defendant(s), there is a high likelihood of witness interference. This is a common experience of mine as a prosecutor of almost three decades.
An allegation of rape for a victim is bad enough, then the allegation of rape against two people well known to the victim, who gang-raped her is absolutely condemnable. I just want to reiterate that the two defendants will not answer the bail but will flee.
There is also nothing relating to the health of the defendants that will warrant their need for bail. There is no life-threatening medical condition with which the defendants could justify the court’s discretion being granted in their favour.
There is also a video recording of the offence. We urge your lordship to refuse the bail application because it lacks merit.”
