An Ikeja Domestic Violence and Sexual Offences Court on Monday discharged and acquitted a middle-aged man, Sunday Akpan, accused of defiling his 10-year-old step-daughter.
Delivering judgment, Justice Abiola Soladoye, held that the prosecution did not call the vital witness (survivor) that was alleged to have been defiled.
The judge said: “the essential element of defilement was not put in place as the prosecution did not call the vital witness who is the victim alleged to have been defiled.
“The prosecution must call admissible witnesses against the defendant.
“Ample opportunities were given to the prosecution to bring more witnesses to court but all to no avail. The court cannot wait forever.
“The court is only interested in the testimony of quality witnesses. I wish to say that the case has been a colossal waste of time.
“The defendant is hereby discharged and found not committing the crime,”
The prosecution, made up of Mr Olusola Shoneye, Mrs Olufunke Adegoke and Ms Abimbola Abolade, said the convict committed the offence on 8th December 2018 at 2 p.m. in Thomas Estate in Ajah.
The prosecution alleged the defendant defiled his 10-year-old step-daughter.
The prosecution said the offence contravened the provisions of Section 137 of the Criminal Laws of Lagos State, 2015.