Justice Abiola Soladoye of an Ikeja Sexual Offences and Domestic Violence Court on Thursday ordered Don-Chima George, and Segun Razak, son of Chief Lanre Razak, accused of drugging and gang-raping a woman in a hotel in Lekki, Lagos to open their defence.
Don-Chima George and Segun Razak, who are dropouts of Babcock University, were charged on two counts of conspiracy and rape.
They were alleged to have drugged and gang-raped the complainant (name withheld) on Feb. 3, 2019, from 5 a.m. to 7 a.m. at De-Lankaster Hotels, Lekki Phase 1, Lagos, a hotel.
Counsel to the defendants, Mr Adebambo Adesanya, SAN, had filed a no-case submission, stating that the prosecution has not brought a prima facie case against the defendants.
Adesanya urged the court to discharge and acquit the defendants based on insufficient evidence.
READ ALSO: Arrested UNILAG student over killing of Super TV CEO claimed the CEO raped her
However, the prosecution led by Mr Shola Soneye opposed the application of the defence.
The prosecution argued that it is the court’s discretion to evaluate the evidence only when the evidence of the prosecution and defence witnesses are before it.
However, Justice Soladoye, in his ruling today said she had considered the arguments of counsel in the no-case submission vis-a-vis the evidence before the court.
“I am satisfied that based on the evidence before the court, it is required that there has to be some form of explanation from each of the two defendants on the allegations proffered against them.
“The defendants are therefore called upon to open their defence. I hold,” Justice Soladoye said.
Recall that on May 15, 2019, the 24-year-old complainant had testified that she had gone with the defendants to Kabaal nightclub located in Ikoyi, Lagos to celebrate the birthday of George who was her friend.
While at a nightclub, the defendants allegedly mixed her drink with a substance which after some moments rendered her unconscious.
She alleged that she was taken to a room at George’s father’s hotel where the defendants took turns to rape her and record their actions on a mobile phone.
The offence, the prosecution said, contravened the provisions of sections 258 and 409 of the Criminal Law of Lagos State, 2015.