CYRIACUS IZUEKWE
A 39-year-old man, Anthony Bartholomew Okhumeode, has been remanded at the Kirikiri Correctional Centre, Kirikiri Town, Lagos, by the Magistrate Court sitting in Ogba for allegedly defiling his 13-year-old daughter at Isheri Oshun area of Lagos State.
The defendant, Anthony Bartholomew Okhumeode, was arraigned before Magistrate Mrs M.O. Tanimola of the Magistrate Court sitting in Ogba, Lagos State Magisterial District, on a three-count charge of conduct likely to cause breach of peace, defilement and procuring abortion for an underage girl, contrary to the Criminal Law of Lagos State, Nigeria, 2015.
Police Prosecutor, ASP Lucky Ihehie, told the Ogba Magistrate Court that Anthony Bartholomew Okhumeode committed the offences sometime in the month of May, 2026, at Anuoluwapo Street, off Olomowewe area, Isheri Oshun, Lagos, within the Lagos State Magisterial District. The case is marked Charge No. 2026 between the Commissioner of Police and Anthony Bartholomew Okhumeode.
According to the charge sheet prepared by Police Officer *SP Ogbonoko Grace* and IPO W/Inspr. Chukwuyem Josephine, Anthony Bartholomew Okhumeode on count one allegedly conducted himself in a manner likely to cause breach of peace by having unlawful carnal knowledge with his 13-year-old daughter at the said address in Isheri Oshun. The offence is said to be contrary to Section 168(d) of the Criminal Law of Lagos State, Nigeria, 2015.
On count two, the police alleged that Anthony Bartholomew Okhumeode at the same period and place did defile his daughter, who is underage and 13 years old, contrary to Section 137 of the Criminal Law of Lagos State, Nigeria, 2015, which prescribes life imprisonment for defilement of a child. On count three, the prosecution alleged that Anthony Bartholomew Okhumeode impregnated his underage 13-year-old daughter and procured abortion for her, an offence contrary to Section 145(2) of the Criminal Law of Lagos State, Nigeria, 2015.
ASP Lucky Ihehie informed the Magistrate Court sitting in Ogba that the matter was reported by a family member who noticed suspicious behaviour and changes in the 13-year-old girl at their residence in Isheri Oshun, which led to child rights advocates intervening and reporting to the police at Isheri Oshun Division before the case was transferred to the State Criminal Investigation Department, SCID, Panti, Yaba, for further investigation. The minor, whose identity is being protected by http://P.M.EXPRESS, is currently receiving medical care and counselling from child protection officials in Lagos, while investigation is ongoing to establish the full circumstances of the alleged incident that occurred in May at Anuoluwapo Street, Isheri Oshun.
When the matter came up for arraignment at the Magistrate Court sitting in Ogba, Magistrate Mrs M.O. Tanimola did not take the plea of Anthony Bartholomew Okhumeode because Magistrate Courts lack jurisdiction to try capital offences such as defilement under Section 137, which is triable only at the High Court. Consequently, Magistrate Mrs M.O. Tanimola of the Ogba court ordered that Anthony Bartholomew Okhumeode be remanded at the Kirikiri Correctional Centre, Kirikiri Town, pending the report of the Director of Public Prosecutions, DPP, legal advice.
The Ogba Magistrate Court directed that the duplicate case file be forwarded to the DPP for advice and that a copy be returned to the court for further proceedings, while no bail was granted pending the outcome of the DPP advice. The date of arraignment and date of adjournment were recorded by the court clerk at Ogba as the case is now adjourned pending DPP advice which will determine whether Anthony Bartholomew Okhumeode will be charged before the High Court of Lagos State.
Magistrate Mrs M.O. Tanimola however emphasized that Anthony Bartholomew Okhumeode is presumed innocent until proven guilty by a court of competent jurisdiction as enshrined in the 1999 Constitution of the Federal Republic of Nigeria as amended, and that the remand order at Kirikiri is to allow the DPP to examine the evidence gathered by the police.
If found guilty of defilement of a child under Section 137 of the Criminal Law of Lagos State, Anthony Bartholomew Okhumeode is liable to life imprisonment, as the law provides that any person who has sexual intercourse with a child below 18 years, with or without consent, commits defilement.
