Lagos court has discharged and acquitted a man, Taiwo Oyelabi, who spent more than eight years in custody over allegations that he sexually assaulted his 21-year-old biological daughter, ruling that the prosecution failed to prove the charge beyond reasonable doubt.
Justice Rahman Oshodi of the Lagos Sexual Offences and Domestic Violence Court held that although the prosecution established that Oyelabi had sexual intercourse with his daughter, it failed to prove that the act was without her consent.
The judge said the prosecution’s inability to call the alleged victim to testify was a major weakness in its case, as she was the only person who could directly provide evidence on whether the sexual intercourse was consensual.
Oyelabi was arraigned on a one-count charge of rape, contrary to Section 260 of the Criminal Law of Lagos State, 2015.
The prosecution alleged that sometime in November 2017, the defendant had unlawful sexual intercourse with his daughter, whose identity was withheld, at Community Road, Obadore, Igando, Lagos.
Delivering judgment, Oshodi said the prosecution called only one witness, ASP Iyabo Bakare, attached to the Igando Police Station.
The police officer told the court that on April 16, 2018, the police received information that a man was having sexual intercourse with his biological daughter
She said she and her superior officer subsequently visited the location and took the defendant and his daughter to the police station.
According to the judge, Bakare testified that the daughter made a statement alleging that her father had been having sexual intercourse with her since she started living with him.
The officer also told the court that Oyelabi admitted having an affair with his daughter and impregnating her.
However, the court rejected the defendant’s written confessional statement following a trial-within-trial, ruling that it had not been recorded in compliance with Section 9(3) of the Administration of Criminal Justice Law of Lagos State, 2015.
Oshodi held that the prosecution could not rely on the police officer’s account of what the daughter allegedly told her to establish the absence of consent, describing such evidence as hearsay.
He said the failure to call the daughter, who was the alleged victim, was fatal to the prosecution’s case.
“The evidence shows that the defendant had sexual intercourse with his daughter. It does not show that he sexually assaulted her,” the judge said.
He stressed that the prosecution was required to establish every ingredient of the offence beyond reasonable doubt, adding that a defendant could not be convicted on suspicion, no matter how grave the allegation.
The judge also expressed concern over the prolonged detention of the defendant, noting that he had remained in custody since his arrest on April 16, 2018, and spent more than eight years awaiting the conclusion of the trial.
He commended defence counsel, Mr Onome Akpeneye, for representing Oyelabi pro bono since his arraignment on December 9, 2021.
Consequently, the court found the defendant not guilty and discharged and acquitted him.