Court Acquits 54-Year-Old Man Accused of Raping Daughter After Eight Years in Detention
The Lagos State High Court has discharged and acquitted a 54-year-old man, Taiwo Oyelabi, who was standing trial for allegedly raping his 21-year-old biological daughter, ruling that the prosecution failed to prove an essential element of the offence despite establishing that sexual intercourse had occurred between them.
Delivering judgment in Charge No. ID/8787C/2019, Justice Rahman Oshodi expressed concern over the prosecution’s failure to present sufficient evidence, particularly its decision not to call the alleged victim as a witness.
The judge also questioned why Oyelabi had remained in custody for more than eight years in a criminal trial where the prosecution called only one witness.
Beyond acquitting the defendant, Justice Oshodi used the opportunity to urge the Lagos State Government to immediately establish the Lagos State Victim Assistance and Witness Protection Agency, warning that its continued absence was leaving vulnerable crime victims, especially children subjected to sexual abuse, without adequate institutional support.
The agency is provided for under the Lagos State Victim Assistance and Witness Protection Law, enacted by the Ninth Lagos State House of Assembly and signed into law by Governor Babajide Sanwo-Olu in 2024.
According to the judge, the legislation was designed to provide assistance, support and compensation to crime victims while protecting witnesses from intimidation, retaliation and other forms of harm. However, he lamented that the agency responsible for implementing these protections had yet to be constituted.
Justice Oshodi stressed that passing the law was not enough, insisting that the government must establish the agency to ensure that the protections provided under the legislation become a practical reality.
The court’s concerns emerged during the trial of Oyelabi, who was accused of raping his biological daughter in November 2017 at their family residence on Community Road, Obadore, Igando, Lagos.
After reviewing the evidence presented, the judge concluded that the prosecution had failed to establish the charge beyond reasonable doubt.
Although the evidence showed that sexual intercourse had taken place between the defendant and his daughter, Justice Oshodi explained that the prosecution failed to demonstrate that the act occurred without her consent or that any purported consent was obtained through force, threats, fraud or deceit.
One of the major shortcomings identified by the court was the prosecution’s failure to call the alleged victim, who was 21 years old at the time, to testify.
The judge maintained that she was the person best placed to provide direct evidence concerning whether she had consented to the sexual intercourse.
“The prosecutrix was 21 years old. She was the only person who could tell the court whether she consented, and she was not called,” Justice Oshodi held.
He emphasised that proving sexual intercourse was not the same as proving rape, explaining that the prosecution was required to establish the absence of consent as part of its case.
“The evidence shows that the defendant had sexual intercourse with his daughter. It does not show that he raped her,” the judge declared.
The prosecution presented only one witness, Assistant Superintendent of Police Iyabo Bakare, who told the court that Oyelabi admitted having sexual intercourse with his daughter.
Although Justice Oshodi accepted the police officer’s account of the defendant’s oral admission, he explained that the admission did not establish that the intercourse was non-consensual.
The court also ruled out the defendant’s written confessional statement after conducting a trial-within-trial to determine its admissibility.
Justice Oshodi held that the statement was not recorded in accordance with Section 9(3) of the Administration of Criminal Justice Law of Lagos State 2015.
The provision outlines safeguards governing the recording of suspects’ statements, including requirements relating to the presence of a legal practitioner and a family member or video recording.
Because the required safeguards were not complied with, the judge ruled that the written statement could not be admitted as evidence against Oyelabi.
The court equally rejected portions of the investigating police officer’s testimony concerning statements allegedly made by the complainant and her twin sister during the investigation.
Justice Oshodi explained that the officer’s account of what the two women reportedly told her amounted to hearsay and could not be relied upon to establish the truth of the allegations.
He further noted that although the investigating officer claimed to have observed that the alleged victim was pregnant, the prosecution failed to produce medical evidence confirming the pregnancy or establishing its age.
A medical report reportedly transferred to the Gender Unit of the Lagos State Police Command was also not tendered before the court.
The judge consequently held that the prosecution had failed to present the necessary evidence to establish the essential ingredients of the alleged offence.
In support of his decision, Justice Oshodi referred to the Court of Appeal’s judgment in Kabiru Oriyomi v. Federal Republic of Nigeria (2023), which addressed the requirement to establish the absence of consent in rape prosecutions.
He reiterated that evidence of sexual intercourse alone could not automatically establish rape where the prosecution had failed to prove the absence of consent.
The judge also relied on Section 36(5) of the 1999 Constitution, which guarantees the presumption of innocence, and Section 135(1) of the Evidence Act 2011, which requires criminal allegations to be proved beyond reasonable doubt.
“However grave the allegation, a defendant cannot be convicted on suspicion,” he declared.
Justice Oshodi expressed particular concern about the length of time Oyelabi had spent in detention, noting that he had remained in custody since his arrest on April 16, 2018.
According to the judge, the defendant had spent more than eight years awaiting the conclusion of a trial in which the prosecution called just one witness.
“The record shows that the defendant has been in custody since his arrest on 16 April 2018. He has spent more than eight years awaiting the outcome of a trial in which the prosecution called a single witness,” he observed.
He stressed that serious allegations of sexual offences required thorough investigation and proper prosecution to ensure that relevant evidence was presented before the court.
“Such cases deserve better preparation, so that the available evidence is placed before the court and no defendant spends years in custody on a charge that cannot be proved,” Justice Oshodi stated.
The judge also commended defence counsel, Onome Akpeneye, for representing Oyelabi without payment since his arraignment on December 9, 2021.
Meanwhile, Justice Oshodi drew attention to other sexual offence cases involving alleged abuse within family settings that came before his court between October and December 2025.
He referenced six additional cases, including that of Michael Segun Odumabo, who was sentenced to life imprisonment for defilement.
Other cases included Godwin Udo Akpan, who received a 14-year prison sentence for attempted sexual assault by penetration, and Sola Lawson, who was sentenced to seven years’ imprisonment for indecent treatment of a child.
While some defendants in the other proceedings were convicted and sentenced, others were discharged or acquitted. One case was also struck out over a lack of diligent prosecution.
Describing the cases as evidence of a “deeply disturbing pattern of alleged sexual violence within the family setting”, Justice Oshodi stressed the importance of strengthening institutional support for victims and witnesses.
He maintained that vulnerable individuals involved in sexual offence proceedings needed adequate protection and assistance to ensure that they could participate effectively in the criminal justice process.
The judge therefore renewed his appeal to the Lagos State Government to immediately constitute the Victim Assistance and Witness Protection Agency, warning that failure to operationalise the body would continue to undermine the protections intended by the 2024 legislation.
Ultimately, Justice Oshodi found Taiwo Oyelabi not guilty of rape under Section 260 of the Criminal Law of Lagos State 2015 and consequently discharged and acquitted him.
