Justice Rahman Oshodi of the Lagos State High Court has emphasized the urgent need for the Lagos State government to establish the Victim Assistance and Witness Protection Agency, as its absence has rendered crucial protections largely ineffective for victims of crime.
In a recent judgment in the case of The State of Lagos v. Adio Serious, Justice Oshodi pointed out that, although the Lagos State Victim Assistance and Witness Protection Law was enacted in 2024 and outlines various rights and protections for crime victims, the responsible agency has yet to be formed. This shortfall particularly affects children who are victims of sexual abuse.
The judge’s remarks are particularly pertinent in light of his handling of another case involving a 54-year-old man, Taiwo Oyelabi, acquitted of raping his biological daughter. Although evidence established that sexual intercourse occurred, the prosecution could not prove that it was without consent—a critical component of a rape conviction.
Throughout the trial, which began with Oyelabi’s initial arraignment in 2019, the court heard testimony from only one prosecution witness, Assistant Superintendent of Police Iyabo Bakare. She reported having received information about the alleged sexual abuse and indicated that Oyelabi admitted to an inappropriate relationship with his daughter.
However, the judge noted that the prosecution’s failure to include the alleged victim’s testimony and submit necessary medical evidence about a reported pregnancy weakened the case. Ultimately, Justice Oshodi ruled that the prosecution did not meet its burden of proof, leading to Oyelabi’s discharge and acquittal.
Justice Oshodi also expressed broader concerns regarding the legal processes surrounding sexual abuse cases within families, referencing six similar cases he had adjudicated in a prior period, where some defendants were convicted while others were acquitted. He reiterated the principle that no defendant should be convicted solely on suspicion without sufficient evidence.
In closing, the judge criticized delays in prosecuting cases and the toll it takes on defendants, noting that Oyelabi had spent over eight years in custody awaiting trial. He commended the defendant’s legal counsel for their pro bono representation, highlighting the importance of adequate legal support in such cases.
