By By Elizabeth Ugbo
A Lagos High Court in Ikeja discharged and acquitted Ibrahim Usman after 10 years in custody, because the prosecution failed to prove defilement beyond reasonable doubt. Justice Rahman Oshodi ruled on Tuesday in Charge No. ID/4091C/2017, following a trial that revealed weak evidence, missing witnesses, and serious procedural failures by custodial authorities and prosecutors.
Court Finds Prosecution Failed to Prove Defilement Charge
Justice Oshodi held that the prosecution did not establish the offence under Section 137 of the Criminal Law of Lagos State. He noted that the evidence remained “manifestly insufficient” to support any conviction.
The judge also stressed that the prosecution failed to prove key ingredients of the offence. These included the age of the alleged victim and any direct link to the defendant.
Additionally, the court observed that the prosecution failed to call crucial witnesses, including the complainant.
“The prosecution’s evidence was so manifestly insufficient that it required no answer,” the judge stated.
Weak Evidence and Missing Medical Proof
The court criticised the medical evidence presented during the trial. The prosecution called only one witness, a doctor who did not prepare the medical report.
Instead, the doctor only interpreted a report written by another medical practitioner. However, the original author never testified, and the report was not tendered in evidence.
Under cross-examination, the witness also admitted that he never personally examined the alleged victim.
As a result, the court ruled that the medical evidence could not sustain the charge.
Custodial Authorities Fail to Produce Defendant in Court
The judgment also exposed repeated failures by custodial authorities at the Kirikiri Maximum Security Custodial Centre.
Between 2017 and 2020, officials failed to produce the defendant despite several production warrants issued by the court. This led to delays across multiple court sittings.
Consequently, Justice Sybil Nwaka struck out the case in February 2020 for want of diligent prosecution.
Later, authorities still failed to produce Usman between December 2023 and January 2024, despite fresh court orders. He eventually appeared on March 14, 2024.
Justice Oshodi described this conduct as persistently deficient and deeply troubling.
“A production warrant issued by a High Court is a lawful command,” the judge said.
Court Criticises Systemic Justice Failures
Justice Oshodi condemned systemic failures in the criminal justice process. He noted that poor coordination between prosecutors and custodial authorities worsened the delay.
He referenced the Lagos Criminal Information System, designed to track defendants and prevent such lapses.
“The fate of this defendant illustrates what happens when such systems are not effectively utilised,” he said.
He added that the defendant remained in custody at public expense without trial for years.
Defence Case Justified as No Prima Facie Evidence Established
The court also ruled that the defendant properly chose to rest his case on the prosecution’s evidence.
Since the prosecution failed to establish a prima facie case, the defence had no burden to respond.
Justice Oshodi confirmed that the case lacked credible evidence from the start.
Final Judgment: Discharge and Acquittal
Justice Oshodi concluded that the prosecution failed to prove the charge beyond reasonable doubt. He then ordered the immediate release of Ibrahim Usman.
“The defendant is not guilty. I discharge and acquit him. He is to be released forthwith,” the judge ruled.
