Justice Oluwatoyin Ipaye of an Igbosere High Court in Lagos on Friday discharged and acquitted Niyi Oyelami who was charged with defiling a nine-year-old daughter of his neighbour.
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Oyelami was charged by Lagos State on a count charge of defiling a minor, to which he pleaded not guilty.
Delivering the judgment during a virtual court proceedings, the judge found the defendant not guilty as charged.
Justice Ipaye said that the testimony of the two prosecution witnesses failed to establish that the accused actually committed the offence.
She said the prosecution failed to prove the case beyond every reasonable doubt.
Ipaye also said that the failure of the prosecution to provide eyewitnesses and the victim to give evidence as whether it was the defendant who actually ruptured the hymen was fatal to its case.
She said that the second prosecution witness, a doctor gave evidence that a lot of time had past before the victim was brought for medical examination.
The judge said that the doctor ascertained that the victim’s hymen was actually ruptured but could not ascertain whether it was the defendant who actually ruptured the hymen.
“Failure of the prosecution to call vital witnesses to give evidence in a defilement case is fatal to the prosecution’s case.
“The prosecutrix (victim) and the complainant failed to testify in this case.
“Also, the manner in which the medical examination was conducted in this case can not be relied upon.
“We have a DNA laboratory in Lagos State and crime scene investigation of such offence must be forensically investigated.
“I must conclude that the prosecution has failed to prove its case beyond every reasonable doubt, I hereby discharge and acquit you, Niyi Oyelami,”Ipaye said.
The News Agency of Nigeria, (NAN) reports that the prosecution, Ms Bisi Bello had told the court that the defendant committed the offence on May 2, 2015, in Abule Egba area of Lagos.
She said that the defendant had unlawful sexual knowledge of a nine-year-old daughter of his neighbour.
She said that the offence contravened Section 137 of Lagos State, 2011.
The defence counsel, Mr Femi Adenitire, had urged the court to discharge and acquit the defendant, contending that the prosecution could not tender the birth certificate of the girl to establish whether she was actually a minor.
He also contended that the prosecution failed to produce the victim to give evidence “which is vital to the prosecution’s case.”
Adenitire also contended that the prosecution did not carry out any proper investigation but only did mere recording of statements.
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