An Oyo State High Court sitting in Ibadan on Tuesday discharged a 48-year-old father, Sanni Idowu, charged with alleged defilement of his 15-year-old daughter for lack of evidence.
The judge, Justice Muktar Abimbola, discharged Idowu when the prosecuting counsel, Mr S. Omokanye, asked for adjournment because he could not get his witnesses.Omokanye had urged the court to grant him a short adjournment to enable him get the witnesses in the matter.
Abimbola, however, said that it was cleared that the prosecutor was not ready to prosecute the case thereby causing undue delay in the matter.
The judge said that if prolonged trial of the defendant was allowed it would lead to undue incarceration.
“Justice was not only for the claimant and the society but also for the defendant.
“The defendant has been in the prison custody for almost three years without meaningful progress in the prosecution of the case.
“Since the arraignment of the defendant on Nov.3, 2013, no single investigative police officer has ever appeared or been called by the prosecuting counsel to prosecute the case.
“I, hereby, strike out the case and discharged the defendant for lack of prosecution,’’ Abimbola said.
The News Agency of Nigeria (NAN) reported that Idowu was facing trial on a one-count charged of rape.
The prosecuting counsel had earlier told the court that the defendant unlawfully had carnal knowledge of his 15-year-old daughter without her consent.
Omokanye said that the incident happened on Oct. 2, 2013 at Amuloko Area of Ibadan.
He said the offence contravened Section 357 and punishable under Section 358 of the Criminal Code Cap 38 Vol.11 Laws of Oyo State of Nigeria 2000.
NAN reports that the defendant was not granted bail and had been in prison custody since Nov.3, 2013.
Counsel to the defendant, Mr Akorede Bakare, had told the court that the attitude of the prosecutor demonstrated that they were not ready to prosecute the case diligently.
Bakare, therefore, urged the court to strike out the case for want of diligent prosecution.
culled Guardian.ng
*This is one aspect of the Law that i dont like.even if you catch the person doing it,Theres still what you call the THE BURDEN OF PROOF AND HEARSAY in court.....The law can set a lion free if you cannot proof that it is a lion..lol.
3yrs is long ooo.aah undue suffering, if he is innocent. We havent gotten it right with our legal system yet
ReplyDeleteVery disheartening. I just feel bad for the victim.
ReplyDeleteSexyslim
Very disheartening. Just feel bad for the victim
ReplyDeleteSexyslim
If this man really raped his daughter... he will know no peace all the rest of his life!
ReplyDeleteLet him be so miserable that he will walk into a Police Station and ask to be put away for life.
Gbam
DeleteGbam!!!
DeleteAmen to dt sista.
Amen.
DeleteHmmmmm!
ReplyDeleteUseless man! At least he will live with the stigma forever.
Na waah.
ReplyDeleteIt is a shame
Law. Law. Law.
ReplyDeleteAm out.
so bad.
ReplyDeleteHe wasn't discharged on the merit. The case was struck out. It's NOT an Acquittal. The way a striking out in a criminal matter works is that if by tomorrow or whenever, the prosecution is able to assemble it's witnesses, the accused person can still be picked up to be tried for the offence. Justice delayed is Justice denied, Stella.
ReplyDeleteFrom the Lawyer's Desk.
Thank you.
DeleteThe burden of proof in criminal cases is beyond reasonable doubt. Its the burden on the prosecution to prove beyond reasonable doubt that the accused person did commit the crime. The reason for this is to protect an accused person who happens to be innocent.
DeleteThe prosecuting lawyer here clearly didn't do his/her job.
@Mrs B, even though the prosecution was not able to assemble the official witnesses i.e the investigating police officers, what about the main complainant? The victim of the crime. Her testimony alone is enough to put him away. Why was she never brought forward? This is what happens when the prosecution doesn't do its due diligence. I'm a public defender so I know how these things work. Once the prosecution slacks, it is left to the judiciary to do justice, otherwise our prisons will just be over populated for nothing. There are lots of people incarcerated in prisons awaiting trial for years. The duty is on the courts to do justice.
DeleteImagine!
ReplyDeleteThe girl will come with pregnancy as evidence next time if that is what they want.
Lack of evidence eh? OK o
ReplyDeleteSo now the man will be set free and allow to move around?
ReplyDeleteThat's not too good...
The said girl is enough evidence for the court to do their work.
Unfair justice
ReplyDeleteNa wa!
ReplyDeleteWat do u xpect?
ReplyDeleteThat's d Law na.
Wetin u no fit proof say use, y I go beliv wen u say person say...
3yrs awaiting trial Witt lack of substantial evidence is enuf punishment for d accused in d instant case.
Wen he gets back home, hee'd continue to face d reality of d atrocity (dts if he's really guilty). The family members wud sentence him emotionally.
I like the concept of law and lawyering but when cases are twisted because smart learned guys want to prove that they're indeed LEARN then am pissed. See how this man just got his freedom, but if.he actually raped the daughter then karma is the only hope right now but we all know how very slow karma can be. Well what do l know am just sad jareeeee.
ReplyDeleteHe can still be arrested again I think because the case was strucked out for lack of submission of evidence. If the lawyer does his work and the police help he can be rearrested..
DeleteMeanwhile those police men, why haven't they been in court?? They are the reasons most rape charges go unpunished. I suggest jungle justice for rapist 😡😡😡
@fab mum, jungle justice is no justice
DeleteThey should continue with their lack of justice. Let the father continue to bear the shame. shameless man
ReplyDeleteIf he escape the human justice be rest assured he can't escape divine justice.
ReplyDeleteIf the prosecutor really had a case it wouldn't take 3 years to gather the witnesses. It is only fair to release the man until the case is ready to be heard. Yes I'm a lawyer.
ReplyDeleteWhat is he's innocent? All these Ibadan women and framing up their husband. One day truth will be out sha
ReplyDeleteNa wa for una for here once rape is mentioned d man must be guilty not fair o.
ReplyDelete..what if they lied about it 3 years no evidence can't the 15 year old appear in court to testify if it is true, what about the person that caught them ...reason am na you ladies should take it easy on us men na...crying for my fellow guys...wipes nose!
Pls castrate the he-goat
ReplyDeleteThank u
The court has set him free but if truly he committed the crime,Karma will still hold him captive for life.
ReplyDelete