A Magistrate Court in Osogbo, Osun State, has ordered that two herbalists accused of defrauding their client and raping her be remanded in prison.
Magistrate Olusola Aluko gave the order because of the refusal of the suspects to appear in court for 12 times without any genuine reason.
The herbalists – Musa Sule, 32, Dauda Rasaq, 40, and one Femi Akomolafe who is at large – were accused of gang-raping the victim when she visited their shrine at the Sabo area of Osogbo to find spiritual solution to her problem of miscarriage.
The herbalists were accused of defrauding their patient of N29.5m, being the amount collected from her to solve her problem.
The victim was said to have been raped when she also complained to them that she still suffered another miscarriage despite the huge money she paid and assurances given her.
The prosecutor, Joshua Oladoye, told the court that the accused committed offences contrary to Sections 8 (a), 1 (2) and punishable under Section 1 (3) of the Advance Fee Fraud and other Related Offences Act, Laws of the Federation of Nigeria, 2006.
The accused persons were said to have been arraigned before a court and were admitted to bail after pleading not guilty but they refused to appear before the court afterwards.
When they finally appeared, another charge was added to the initial offences.
The charge read, “That you Musa Sule and Dauda Rasak and one Komolafe Femi who is now at large on the 3/12/10, 28/2/11, 13/4/11, 16/5/11, 16/6/11, 30/6/11, 26/7/11, 15/11/11, 29/12/11, 20/1/12, and 26/1/12 at about 9.00am at Chief Magistrate Court II, Osogbo being accused persons in a case of obtaining money, threat to life and unlawful sexual intercourse with one (name witheld) in charge Number MOS/438c/2010 did intentionally show an act of disrespect to the court as you failed to appear in court without reasonable reasons when your case was called.”
Oladoye said the accused, by not appearing after their bail, also committed an offence contrary to and punishable under Section 133 of the Criminal Code, Cap 34, Volume II, Laws of Osun State of Nigeria, 2003.
He prayed the court to order the immediate remand of Sule and Rasak in prison to forestall further occurrence of the alleged offence.
Although Sule and Rasak pleaded not guilty, they could not convince the court to grant them bail. The magistrate subsequently ordered that the duo be remanded in Ile-Ife Prison till November 5, 2013 when the case would be mentioned in court