A Lagos court has acquitted Taiwo Oyelabi, who spent over eight years in custody on charges of sexually assaulting his 21-year-old daughter. The court ruled that the prosecution did not sufficiently prove its case beyond reasonable doubt.
Justice Rahman Oshodi of the Lagos Sexual Offences and Domestic Violence Court noted that while the prosecution established that Oyelabi had sexual intercourse with his daughter, it failed to prove that the act was without her consent. A significant factor in the case was the prosecution’s failure to call the alleged victim to testify, which the judge stated was a critical weakness.
Oyelabi was facing a single count of rape, violating Section 260 of the Criminal Law of Lagos State, 2015. The prosecution claimed that he assaulted his daughter in November 2017. In delivering the judgment, Justice Oshodi highlighted that only one witness, ASP Iyabo Bakare from the Igando Police Station, was called. Bakare testified that the police were informed on April 16, 2018, about the alleged sexual activity, leading to the defendant’s arrest.
While Bakare indicated that Oyelabi reportedly admitted to an ongoing affair with his daughter, the court found his written confession inadmissible due to improper recording practices. The judge described the evidence from the police officer regarding the daughter’s alleged statements as hearsay and unsuitable to establish the absence of consent.
Justice Oshodi emphasized the prosecution’s obligation to prove every component of the case beyond reasonable doubt and stated that a conviction cannot be based solely on suspicion, regardless of the seriousness of the allegations. He also expressed concern over Oyelabi’s lengthy detention, noting the over eight years he spent in custody since his arrest.
In conclusion, the court declared Oyelabi not guilty, resulting in his discharge and acquittal. The judge commended Oyelabi’s defense attorney, Mr. Onome Akpeneye, for providing pro bono representation during the trial.
