Lagos court docket acquits man accused of sexually assaulting his daughter after eight years in custody

Crime

By Linda Ikeji
6 November 2026, 7:35 am

Lagos court docket has discharged and acquitted a person, Taiwo Oyelabi, who spent greater than eight years in custody over allegations that he sexually assaulted his 21-year-old organic daughter, ruling that the prosecution didn’t show the cost past affordable doubt.

Justice Rahman Oshodi of the Lagos Sexual Offences and Domestic Violence Court held that though the prosecution established that Oyelabi had sexual activity together with his daughter, it didn’t show that the act was with out her consent.

The decide mentioned the prosecution’s incapacity to name the alleged sufferer to testify was a serious weak spot in its case, as she was the one one who might instantly present proof on whether or not the sexual activity was consensual.

Oyelabi was arraigned on a one-count cost of rape, opposite to Section 260 of the Criminal Law of Lagos State, 2015.

The prosecution alleged that someday in November 2017, the defendant had illegal sexual activity together with his daughter, whose identification was withheld, at Community Road, Obadore, Igando, Lagos.

Delivering judgment, Oshodi mentioned the prosecution known as just one witness, ASP Iyabo Bakare, connected to the Igando Police Station.

The police officer instructed the court docket that on April 16, 2018, the police acquired data {that a} man was having sexual activity together with his organic daughter

She mentioned she and her superior officer subsequently visited the placement and took the defendant and his daughter to the police station.

According to the decide, Bakare testified that the daughter made an announcement alleging that her father had been having sexual activity along with her since she began dwelling with him.

The officer additionally instructed the court docket that Oyelabi admitted having an affair together with his daughter and impregnating her.

However, the court docket rejected the defendant’s written confessional assertion following a trial-within-trial, ruling that it had not been recorded in compliance with Section 9(3) of the Administration of Criminal Justice Law of Lagos State, 2015.

Oshodi held that the prosecution couldn’t depend on the police officer’s account of what the daughter allegedly instructed her to determine the absence of consent, describing such proof as rumour.

He mentioned the failure to name the daughter, who was the alleged sufferer, was deadly to the prosecution’s case.

“The evidence shows that the defendant had sexual intercourse with his daughter. It does not show that he sexually assaulted her,” the decide mentioned.

He confused that the prosecution was required to determine each ingredient of the offence past affordable doubt, including {that a} defendant couldn’t be convicted on suspicion, regardless of how grave the allegation.

The decide additionally expressed concern over the extended detention of the defendant, noting that he had remained in custody since his arrest on April 16, 2018, and spent greater than eight years awaiting the conclusion of the trial.

He counseled defence counsel, Mr Onome Akpeneye, for representing Oyelabi professional bono since his arraignment on December 9, 2021.

Consequently, the court docket discovered the defendant not responsible and discharged and acquitted him.