Justice Oluwatoyin Ipaye of an Ikeja High Court on Tuesday in Lagos discharged and acquitted a businessman, Adewunmi Adetuyi, who was charged with raping a 13-year-old student for want of evidence.
While freeing Mr. Adetuyi, the judge noted that the prosecution led by the Attorney-General of Lagos State and Commissioner for Justice, Adeniji Kazeem, failed to prove its case against the defendant beyond reasonable doubt.
“The prosecution failed in its attempt to prove its case of defilement against the accused, there are no hard facts linking the accused to the crime.
“There is no disputing that the victim was raped, but the prosecution needs to do more in the area of forensic analysis so as to accurately prove cases of rape and defilement.
“The defendant is hereby discharged and acquitted,” Mrs. Ipaye said.
Mr. Kazeem, however, hailed the ruling and promised to work on the ‘lapses’ that currently existed in the prosecution of rape cases.
The News Agency of Nigeria reports that Mr. Adetuyi was remanded in prison over the alleged rape.
The mother of the complainant during the trial had revealed in her testimony that sometime in March 2013, she sent her daughter (name withheld) to buy rice from a food vendor.
She said that when her daughter did not return home at 9 .00 p.m., a search party was organised to look for her.
“When my daughter was found, she told me that one man had lured her into an uncompleted building where he had unlawful carnal knowledge of her,’’ the mother said.
The incident was reported to the authorities and Mr. Adetuyi was identified by the complainant and arrested.
The complainant had revealed to her mother that Mr. Adetuyi who was known to her had persistently requested sex from her before the day the crime was committed.
Mr. Adetuyi during the trial denied raping the girl saying: “I only saw her around Anifowose, Ikeja, late at night and asked her what she was doing outside at that time.”