Justice Rahman Oshodi of the Ikeja Sexual Offences and Domestic Violence Court discharged and acquitted Taiwo Opasina, a 35-year-old upholstery maker accused of sexually assaulting his four-year-old daughter.
The judge ruled that the prosecution failed to discharge its burden of proof against Opasina.
According to Oshodi, the prosecution failed to produce the essential witness (the claimed survivor) before the court to give evidence.
He held that the absence of direct information from the purported survivor creates an evidential gap that cannot be filled solely by circumstantial evidence.
The judge ruled that the prosecution’s case faced a fundamental challenge, the absence of the alleged survivor’s testimony.
Oshodi said, “The prosecutrix (survivor) was described as an articulate primary school student who could identify family members and understand questions.
“Yet, no explanation was given for failing to call this crucial witness.
“While it is not a case of concluding evidence, it is a case of failure to call the material evidence or vital witnesses.
“The medical evidence alone, though very troubling, cannot identify the perpetrator.”
The judge stated that hearsay evidence of the child’s statement cannot be relied on absent direct testimony subject to cross-examination.
Furthermore, the court ruled that the prosecution failed to substantiate the defendant’s sexual assault by penetration charge.
“The law is clear that it is better to let nine guilty persons escape than to wrongfully convict one innocent person.
“Therefore, after considering all the evidence presented and applying the fundamental principle of presumption of innocence, I find that despite strong circumstantial evidence and troubling inconsistencies in the defendant’s testimony, the prosecution has failed to establish that the defendant sexually assaulted his four-year-old daughter.
“The absence of direct evidence of the alleged survivor creates an evidential gap that cannot be bridged by circumstantial evidence alone.
“Accordingly, I resolve the issue for determination in the defendant’s favour and is hereby found not guilty.”
The court then released and acquitted the defendant.
During the trial, the state prosecuting counsel, Mr. Babajide Boye, brought two witnesses: a medical doctor and a police officer, with the defendant testifying as the sole witness.
The prosecution told the court that the defendant allegedly committed the offence in December 2017 at Adore, Ajah, Lagos State
