A cobbler, Niyi Akanbi today heaved a sigh of relief as Justice Oluwatoyin Ipaye of Igbosere High Court, in Lagos State, discharged and acquitted him of charges of defiling a 13-year-old student, after six years of incarceration on the allegation.
Ipaye, who berated the prosecuting process of the case, showed her displeasure over the delay of the case, stressing, “The minor in this instant case was allegedly sexually molested on Feb. 28, 2014, yet the state was only able to present the defendant for arraignment on March 6, 2018, more than four years after the occurrence of the alleged incident”.
According to her, it was regrettable that cases involving minor are not given priority, meticulous investigation and diligent prosecution.
The judge pointed out that the prosecutor failed to empirically prove that the accused person had a canal knowledge of the minor, stressing that the accused was consistent that he did not commit the crime.
She added that there was no medical evidence to prove that the accused person committed the crime.
She said, “There is no evidence stronger than a man’s confession. In this case, the only surviving documentary evidence before the court are exhibits nine and 10 being statements made by the defendant. I have perused the two statements and by no stretch of imagination can they be classified as admissions of having committed the alleged offence. His statements were consistent with his testimony in open court. I find no reason not to accept his assertion. The prosecution, not having established the fact of penile penetration of the complaint and having not corroborated her testimony, failed to discharge the burden of proof beyond reasonable doubt. The defendant, Niyi Akanbi, is hereby discharged and acquitted of all the charges contained in count one and two of the information”.
In another development, Justice Ipaye also dismissed a robbery case filed against one Jelili Dimeji five years ago, saying that the four-count charge pressed against the accused person was not substantiated.
Discharging and acquitting the accused person of stealing some valuables in 2015, from Ikotun, in Lagos, she declared that the prosecution did not prove its case beyond reasonable doubt.
She said, “The alleged confessional statement was never placed before the court as an exhibit. I must hold that the prosecution’s failure to place the confessional statement before the court is vital to its case. The mere fact that the Investigating Police Officer (IPO) testified that the defendant confessed cannot be taken as the gospel truth without some other hard evidence before the court”.
“Accordingly, I find and hold that the prosecution has failed to establish beyond reasonable doubt, that the defendant, Jelili Dimeji, was one of those who carried out the robbery which took place at about 3a.m. on October 7, 2015, at No. 28, Dele Ara St., Ikotun, Lagos. I so hold. Having failed to establish the substantive charge of armed robbery against the defendant beyond reasonable doubt, I find and hold that the prosecution has also not sustained the ancillary charge of conspiracy. I, therefore, find you, Jelili Dimeji, not guilty of the charges as contained in counts one to four of the information dated March 3, 2017. You are hereby discharged and acquitted”, she said.
