Court Dismisses Defilement Case Due to Missing Witnesses

A court in Lagos State has thrown out a defilement charge against Oke Joshua because the prosecution did not bring any witnesses to the case. The Sexual Offences and Domestic Violence Court in Ikeja made this decision on Tuesday after agreeing with the defense's request to dismiss the case for lack of proper prosecution.

Oke Joshua has been in jail since 2022 over a defilement allegation that goes against Section 137 of the Criminal Law of Lagos State, 2015. He was taken to court in November 2023.

Justice Rahman Oshodi noted that even though the case has been brought up several times since the arraignment, the prosecution has not called any witnesses to back its claim. "The defendant was taken into custody in 2022 on a charge of defilement," the judge said. "Since that date, the matter has appeared on the court’s list numerous times. Despite those listings, the prosecution has consistently failed to produce any witness to advance its case."

The court pointed out that a witness summons was issued to Inspector Lydia Otu, who is supposed to be one of the prosecution’s witnesses, but she did not show up in court. "Inspector Lydia Otu has failed to attend this court notwithstanding a witness summons duly issued pursuant to section 177(1) of the ACJL. No justification has been offered for that failure," Justice Oshodi stated.

The judge described this case as another example of the ongoing problem of getting witnesses to come to court in criminal trials in Lagos State. He referred to a previous ruling in the case of The State of Lagos v. Dauda Salami, which he gave on the same day, stressing that witness attendance is key to fair criminal trials. "The availability of witnesses is central to the fair and proper resolution of any criminal trial," he said. "Yet in the criminal courts of Lagos State, witnesses who made statements to the police during investigations frequently cannot be found or compelled to testify."

Justice Oshodi explained that the existing laws meant to make sure witnesses come to court are not working well. "The instruments designed under sections 177 and 179 of the ACJL to secure the attendance of witnesses have proved largely ineffective," he noted.

He also highlighted the Lagos State Victim Assistance and Witness Protection Law, mentioning that the agency set up under this law to help victims and witnesses has not been formed yet. "The protections and mechanisms envisaged by the Law remain, for practical purposes, unavailable," he said.

When ruling on the defense's request, the judge stated that Section 232(1)(b) of the Lagos State Administration of Criminal Justice (Amendment) Law 2021 allows the court to dismiss cases when witnesses do not show up, and the prosecution cannot give a good reason for their absence. "As the learned defense counsel rightly submitted, Section 232(1)(b) expressly authorizes the court to strike out proceedings where witnesses do not attend on the trial date, and the prosecution cannot reasonably account for their absence."

He added, "The prosecution has offered no such account. In these circumstances, I am compelled to exercise the power conferred by Section 232(1)(b)."

As a result, Justice Oshodi dismissed the charge and freed the defendant. "This case is accordingly struck out. The defendant is discharged. It must, however, be clearly understood that this discharge does not amount to an acquittal," he ruled.