A student of the Lagos State Polytechnic, Kate (surname withheld), has approached a Lagos Federal High Court, alleging that a soldier, Lance Corporal Akparaku Clever, dragged her to a cemetery and raped her.Clever, a soldier attached to DAOP Unit, Army Headquarters, Bonny Camp, Victoria Island, Lagos, was alleged to have abducted Kate and carried out the crime on January 22, 2011, at the Military Cantonment Cemetery, Ojo.In an application by her lawyers, Kate said she had seen a friend off when she ran into a family friend.According to her, she went to a restaurant with the family friend where the soldier saw them. She claimed that her friend asked Clever to help settle their bills.Kate said, Clever told my family friend that he also did not have money on him, but could withdraw some from an ATM within the cantonment. He asked me to follow him to the ATM so that I can collect the money and bring it to my friend.I declined because I had not met him before and it was already late. My friend pleaded with me to go with him.The victim stated that she later joined Clever in his bus to collect the sum of N2,650, but that as they got inside the cantonment, Clever failed to stop where the ATM was located.She said,I protested and asked him to stop the bus but he accelerated instead. I started screaming when I discovered that the door was locked. I had no credit in my phone to call.When he stopped and opened the door, I attempted to jump down but Clever ran after me and hit me with his leg. He started beating me with a horsewhip.Another soldier who heard my cry and rushed to the scene also joined in the beating after Clever lied to him that I stole his N10,000.Kate stated that a superior army officer who came to the scene, ordered the men to take her outside the cantonment. But Clever allegedly took her to the Military Cemetery instead.He opened the door of the bus, pushed me down, beat me and pinned me to the ground. He forcefully removed my clothes and had carnal knowledge of me, she said.The victim said she was lucky that a team of soldiers on patrol heard her cry and rushed to the scene.The patrol team allegedly asked Clever why he did not hand her over to the Military Police if she indeed stole his money as he alleged.Kate said Clever was later detained at the office of the Military Police while she was taken to the cantonment clinic for treatment.She later sued Clever in conjunction with the Chief of Army Staff, Lt.-Gen. Azubuike Ihejirika, and the Nigerian Army.She is seeking the payment of N500m damages for the ordeal she went through, saying the action of Clever is a fatal blow to my future and career.Among other things, she is seeking a public apology from the respondents and a declaration from the court that her alleged abduction and rape were flagrant and reckless violation of her right to the dignity as guaranteed under Section 34 of the 1999 Constitution and Article 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.She said since the alleged act, she had spent N700,000 on surgery, following the alleged injury she sustained when beaten.When the case came up for hearing before Justice Binta Nyako, Kates lawyer, Mr. Augustine Egwuato, who stood in for Mr. Sebastine Hon, said Clever and the Nigerian Army had been avoiding court summons.We have tried to serve them but they have been refusing to see the copy of the service. But now, we have decided to serve them by substituted means, the lawyer said.But the judge disagreed. I cannot allow you to do that. You cannot just go to the premises and serve anybody. You have to identify the persons you want to serve, Nyako said.On December 12, one of Kates lawyers, Mrs. C. Udeh, told the court that Clever still refused service but that the Chief of Army Staff had been served. She said the officer in charge of 81 Division accepted the summons on his behalf.The case has been adjourned till January 31 for further hearing.
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