While sentencing the 32-year-old driver, Senior Magistrate F. J. Adefioye, said his action was a premeditated act, adding that Nwogu was not fit to live among human beings and even animals.
He was found guilty on counts one and two, discharged on three but found guilty on count four.
Adefioye said the prosecution called two witnesses and tendered 18 exhibits, including a video of the defendant having unlawful sex and five unclad pictures.
He recalled the statement of one of the victims (name withheld), how Nwogu offered her a drink already drugged and later found herself in a hotel in FESTAC (name withheld) wearing the defendant’s trousers.
Adefioye said the defendant, who under crossing examination, disclosed that the two girls, Blessing and Funmilayo (surnames withheld) were his girlfriends, admitted ownership of the digital camera and invited three other friends as witnesses. The defence counsel, Chief M. D. Ndupu during the proceedings urged the court to discharge his client because one of the victims did not appear in court.
On the four issues for determination by the court, Magistrate Adefioye after consulting several authorities said he had jurisdiction to hear the case, rejected the defendant’s counsel’s argument that wrong section of the law was being applied, the Investigating Police Office (IPO) investigated and tendered exhibits, saying it was not necessary for Funmilayo to appear in court.
Faulting the claim of Nwogu that Blessing consented to having sex, the magistrate observed that since the victim was drugged and was unconscious, she could not have given her consent for the unlawful sex and ruled that the prosecution had proved the case and found him guilty of having canal knowledge of Blessing.
The defence counsel said Nwogu was a first offender and had not been convicted by any court, urging the magistrate to temper justice with mercy by giving an option of fine. Magistrate Adefioye, sentenced Nwogu on count 1 and 2 to one year, discharging him on count 3 and 14 years without option of fine on count 4.
After the judgement, Nwogu was handcuffed by the court orderly, CPL O. Michael and first taken to Kirikiri Medium Person from where he was later transported to Kirikiri Maximum Prison on commercial motorcycle (Okada). Speaking to Daily Sun, Blessing, one of the victims said she was happy to see Nwogu sentenced to prison and thanked God that she didn’t die when she was drugged and molestd even as she recalled how the defendant offered him drink.
The counsel watching brief for Blessing, Arit Johnson told Daily Sun that after the second adjournment and the defendant was granted bail, she took over the case, adding “I saw the video of the molest, it was horrible and he even took pictures of the unlawful sex.
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