Lagos Furniture Maker Acquitted By Court After Being Accused Of Raping His Four-Year-Old Daughter

Justice Rahman Oshodi of the Ikeja Sexual Offences and Domestic Violence Court has discharged and acquitted 35-year-old upholstery maker Taiwo Opasina, who was accused of sexually assaulting his four-year-old daughter (name withheld).

In his ruling on Tuesday, the judge stated that the prosecution failed to meet the burden of proof required to secure a conviction.

Justice Oshodi noted that the prosecution’s inability to present the key witness, the alleged survivor, to testify in court significantly weakened their case.

He explained that the absence of direct evidence from the alleged survivor created an evidential gap that circumstantial evidence alone could not close.

The judge concluded that this fundamental deficiency in the prosecution’s case necessitated the acquittal of the defendant.

“The prosecutrix (survivor) was described as an articulate primary school student, who could identify family members and understand questions,” the judge said.

“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 emphasized that hearsay evidence regarding the child’s statement could not be relied upon without the benefit of direct testimony subject to cross-examination.

Furthermore, the court ruled that the prosecution failed to substantiate the charge of sexual assault by penetration against the defendant, leading to his acquittal.

“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 subsequently discharged and acquitted the defendant.

During the trial, the state prosecution counsel, Mr. Babajide Boye, presented two witnesses: a medical doctor and a police officer, while the defendant testified as the sole witness in his defense.

The prosecution alleged that the defendant committed the offense in December 2017 in the Adore, Ajah area of Lagos State.