A Lagos Sexual Offences and Domestic Violence Court has discharged and acquitted a man, Taiwo Oyelabi, who spent more than eight years in custody following allegations that he sexually assaulted his biological daughter, after the presiding judge ruled that the prosecution failed to prove the essential ingredients of the charge beyond reasonable doubt.
Justice Rahman Oshodi delivered the judgment, noting that while the prosecution established that sexual intercourse occurred between Oyelabi and his 21-year-old daughter, it could not substantiate that the act transpired without her consent. The court emphasized that the state's failure to present the alleged victim as a witness constituted a critical flaw in the case, as she remained the sole individual capable of directly testifying regarding the issue of consent.
What were the core findings of the court?
Justice Oshodi highlighted several key aspects of the proceedings:
- The trial commenced following an arraignment on a single count of rape, framed under Section 260 of the Criminal Law of Lagos State, 2015.
- The incident was alleged to have occurred in November 2017 at Community Road, Obadore, Igando, Lagos.
- The prosecution relied solely on the testimony of a lone witness, Assistant Superintendent of Police Iyabo Bakare, from the Igando Police Station.
- A written confessional statement attributed to the defendant was formally rejected by the court following a trial-within-trial, as it failed to satisfy the recording standards mandated by Section 9(3) of the Administration of Criminal Justice Law of Lagos State, 2015.
- The judge categorized the police officer's narration of what the daughter purportedly told her as inadmissible hearsay, insufficient to discharge the burden of proving a lack of consent.
Addressing the prolonged legal battle, Justice Oshodi remarked, “The evidence shows that the defendant had sexual intercourse with his daughter. It does not show that he sexually assaulted her.” He reiterated that criminal convictions cannot rest on suspicion, regardless of the gravity of the accusations.
The court also noted with concern the extensive incarceration of the defendant, who had remained behind bars since his arrest on April 16, 2018, enduring more than eight years of awaiting trial before the conclusion of the case. Furthermore, the judge commended the defense attorney, Onome Akpeneye, for offering pro bono legal representation to the defendant since his formal arraignment on December 9, 2021. With all counts unproven, the court formally pronounced the defendant not guilty and ordered his immediate discharge and acquittal.