Lagos court dismisses defilement charge due to missing witnesses

A court in Ikeja, Lagos State has dismissed a defilement charge against Oke Joshua. This happened because the prosecution could not bring any witnesses to support their case.

Justice Rahman Oshodi made this decision on Tuesday. He agreed with the defence's request to dismiss the case for lack of proper prosecution.

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

In his ruling, Justice Oshodi pointed out that the case had come up several times since Joshua's arraignment. The prosecution did not call any witness to back up their claims.

"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 noted that a summons was issued to Inspector Lydia Otu, who was supposed to be a witness. This was done according to Section 177(1) of the Administration of Criminal Justice Law of Lagos State. However, 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 said this case is another example of the ongoing problem of getting witnesses to show up in criminal trials in Lagos State. He referred to his earlier judgement in The State of Lagos v. Dauda Salami, which he delivered on the same day. He emphasized that having witnesses is crucial for 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."

According to the judge, the current legal ways to make witnesses attend court have not worked well in practice.

"The instruments designed under sections 177 and 179 of the ACJL to secure the attendance of witnesses have proved largely ineffective," he noted.

Justice Oshodi also mentioned the Lagos State Victim Assistance and Witness Protection Law. He pointed out that the agency meant to help victims and witnesses has not yet been set up.

"The protections and mechanisms envisaged by the Law remain, for practical purposes, unavailable," he said.

When ruling on the defence's application, the judge noted that Section 232(1)(b) of the Lagos State Administration of Criminal Justice (Amendment) Law 2021 allows the court to dismiss cases when witnesses don’t show up, and the prosecution cannot explain why.

"As the learned defence counsel rightly submitted, Section 232(1)(b) expressly authorises the court to strike out proceedings where witnesses do not attend on the trial date, and the prosecution cannot reasonably account for their absence.

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

Justice Oshodi then struck out the charge and released 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," the judge ruled.