Court Acquits Man Accused Of Sexually Assaulting Daughter After Eight Years In Custody
Justice Oshodi rules prosecution failed to prove lack of consent, as alleged victim never testified
A Lagos court has discharged and acquitted Taiwo Oyelabi, who spent more than eight years in custody over allegations that he sexually assaulted his 21-year-old biological daughter. Justice Rahman Oshodi of the Lagos Sexual Offences and Domestic Violence Court ruled that the prosecution failed to prove the rape charge beyond reasonable doubt. Oyelabi was arraigned on a one-count charge of rape, contrary to Section 260 of the Criminal Law of Lagos State, 2015, after he was arrested on April 16, 2018, and first arraigned on December 9, 2021.
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, Justice Oshodi said the prosecution called only one witness, ASP Iyabo Bakare, attached to the Igando Police Station, who told the court that police received information on April 16, 2018, that a man was having sexual intercourse with his biological daughter. The judge 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.
Justice Oshodi said the failure to call the alleged victim as a witness was fatal to the case, describing the police officer’s account of the daughter’s statement as hearsay. He held that the alleged victim was the only person who could directly provide evidence on whether the intercourse was consensual. The court also rejected Oyelabi’s confessional statement, ruling that it had not been recorded in accordance with the law. “The evidence shows that the defendant had sexual intercourse with his daughter. It does not show that he sexually assaulted her,” the judge said.
Justice Oshodi also raised concern over Oyelabi’s prolonged detention, noting that he had remained in custody since his arrest in April 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. Consequently, the court found the defendant not guilty and discharged and acquitted him.
