An Ikeja Sexual Offences and Domestic Violence Court on Thursday discharged and acquitted Taiwo Oyelabi, who was accused of raping his 21-year-old biological daughter.
Justice Rahman Oshodi, in his judgment, held that the prosecution failed to prove the offence of rape against the defendant beyond reasonable doubt.
The defendant was charged with a one-count offence of rape, contrary to Section 260 of the Criminal Laws of Lagos State 2015.
The prosecution alleged that Oyelabi, sometime in November 2017, on Community Road, Obadore, Igando, Lagos, had unlawful sexual intercourse with his daughter.
The judge said the prosecution called only one witness, ASP Iyabo Bakare, attached to Igando Police Station.
Oshodi said: “Bakare told the court that on April 16, 2018, the police received information that a man was having sexual intercourse with his biological daughter.
“She said she and her superior officer went to the location and brought the defendant and his daughter to the police station.
“The witness said the daughter made a statement alleging that her father had been having sexual intercourse with her since she began living with him.
“Bakare also told the court that the defendant admitted having an affair with his daughter and impregnating her.”
However, the court rejected the defendant’s written confessional statement following a mini-trial, ruling that it was not recorded in accordance with Section 9(3) of the Administration of Criminal Justice Law of Lagos State 2015.
Oshodi noted that though the prosecution established that the defendant had sexual intercourse with his daughter, it failed to prove that the act was without her consent.
He noted that the prosecution did not call the daughter, the only person who could confirm whether she consented, as a witness.
The judge further held that the police officer’s account of what the daughter allegedly told her about the incident amounted to hearsay and could not establish the absence of consent.
“The evidence shows that the defendant had sexual intercourse with his daughter. It does not show that he raped her,” he said.
Oshodi stressed that the prosecution must prove every ingredient of rape beyond reasonable doubt, adding that a defendant could not be convicted on suspicion, however grave the allegation.
The judge also expressed concern about the defendant’s prolonged detention, noting he had been in custody since April 16, 2018, and had spent over eight years awaiting the trial’s outcome.
He commended the defence counsel, Mr Onome Akpeneye, for representing the defendant pro bono since his arraignment before the court on Dec. 9, 2021.
Consequently, the judge found Oyelabi not guilty of the charge and discharged and acquitted him.
