On the day in question in 2004, the woman was walking home crying after an argument with her boyfriend. Ashibougwu approached her asking her why she was crying. The victim ignored him and kept on with her journey. Ashibougwu followed her, pestering her until he finally forced her into a car-park where he raped her.

Ashibougwu is originally from Lagos State, Nigeria. He is married with one child. He pleaded not guilty to the charge, claiming he had consensual sex with the woman. It was noted in earlier proceedings of the court, the accused and victim both admitted to exchanging telephone numbers.The judge, Justice Paul Carney, believing the testimony of the woman and also considering the suspect's records, sentenced him to nine years in jail.

In 2002, Ashibougwu was arraigned in court on charges relating to an incident where he tried to force a 15-year-old girl into his car. It is not clear whether this led to a conviction. In February 2006, he was sentenced to seven years for possession of nearly €500,000 worth of heroin. He was currently serving this jail term at the time of the rape conviction and sentencing. This means Ashibougwu serves extra two years for the rape.

Justice Carney ordered Ashibougwu be listed as a sex offender and directed he undergoes five years post-release supervision.