Lagos court throws out defilement case due to missing witnesses

A Lagos State Sexual Offences and Domestic Violence Court in Ikeja has dismissed a defilement charge against Oke Joshua. This happened because the prosecution could not bring witnesses to support the case.

Justice Rahman Oshodi made the decision on Tuesday after agreeing with the defence's request to dismiss the case for not being properly prosecuted.

Oke Joshua has been in custody since 2022 over an accusation of defilement under Section 137 of the Criminal Law of Lagos State, 2015.

He was first taken to court in November 2023.

In his ruling, Justice Oshodi pointed out that the prosecution failed to call any witnesses even after several court dates since Joshua's arraignment.

"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 witness summons was issued to Inspector Lydia Otu, 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 part of the ongoing challenge in getting witnesses to show up in criminal trials in Lagos State.

Referring to another judgement he made on the same day, Justice Oshodi emphasized that having witnesses present is very important for fair 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."

The judge mentioned that the legal ways meant to ensure witnesses come to court are not working well in reality.

"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 pointed out the Lagos State Victim Assistance and Witness Protection Law. He said the agency set up under this law to help victims and witnesses has not yet been formed.

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

While ruling on the defence'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 if witnesses do not attend 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 said.

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.