Admin l Sunday, January 24, 2021
IKEJA, Lagos, Nigeria- A young man in his thirties, names withheld suddenly prostrated in the lobby of the Sexual and Special Offences Court, Ikeja for over five minutes and thereafter knelt down and began praying and almost shedding tears shortly after he was let off the hook by Justice A. O Soladoye on Thursday, January 21, 2021.
He had been charged on a one count charge of sexually molesting a 10 year old girl and has been in detention at one of the reformation centre since August 11, 2017 but each time, it has been one excuse after the other by officials of the Lagos State Department of Public Prosecution(DPP) for their inability to provide witness for diligent prosecution of the case.
But on Thursday, Justice Soladoye was forced to set him free when the prosecution again told the court immediately the case was called that all four witnesses listed for the case could not be brought to court.
Faced by this dilemma following prayers from the defence that the matter be struck out, her lordship ruled that Justice delayed is justice denied. “ The matter is struck out because prosecution is not able to provide witness for diligent prosecution of the matter. She also said that the prosecution may relist the matter and get the alleged offender arrested when they are ready to prosecute the matter.
Registrar of the court seized the moment to counsel the defender to desist if indeed he committed the offence before he walked out of the court with his hands raised up a free man.
Some other sexual offences cases could not go on also due to failure by DPP to produce witness in court.
Starconnectmedia reports that offences involving rape carry a maximum penalty of life imprisonment in Lagos state. Chapter 25 subsection 1 of the ACJ law, provides that “ any man who has unlawful sexual intercourse with a woman or a girl without her consent commits the offence of rape(slightest penetration of the vulva or any other opening) and is liable on conviction to imprisonment for life”
