A Lagos State High Court sitting in Ikeja has freed Ibrahim Usman after nearly 10 years in detention without conviction, ruling that the prosecution failed to prove the defilement allegation against him beyond reasonable doubt.
Delivering judgment on Tuesday, Justice Rahman Oshodi described the prosecution’s case as weak and insufficient to establish the offence under Section 137 of the Criminal Law of Lagos State.
The judge also criticised the prosecution and custodial authorities over the prolonged detention, calling it a serious failure within the criminal justice system.
Usman was arrested on June 14, 2016, over allegations of unlawful sexual intercourse with a 13-year-old girl in Ipaja, Lagos, but charges were not filed until March 2017.
The court observed that officials at the Kirikiri Maximum Security Custodial Centre repeatedly failed to produce the defendant in court despite several production warrants issued between October 2017 and February 2020.
The case was eventually struck out on February 13, 2020, by Justice Sybil Nwaka for lack of diligent prosecution after the defendant could not be presented before the court.
It was later discovered that the prosecution was unaware the defendant was still in custody. Even after the case was reassigned, custodial authorities again failed to produce him between December 2023 and January 2024 despite fresh court orders. He was eventually brought before the court on March 14, 2024.
Justice Oshodi condemned the repeated disregard for court orders by custodial authorities.
“A production warrant issued by a High Court is a lawful command. The custodial authorities’ failure to comply with it in this case is a matter of grave institutional concern,” the judge held.
During trial, the prosecution presented only one witness, a medical doctor who interpreted a report prepared by another doctor who neither testified in court nor tendered the report as evidence.
Under cross-examination, the witness admitted he did not personally examine the alleged victim.
The court ruled that without the medical report and testimony from its author, the evidence could not support the charge.
Justice Oshodi further held that the prosecution failed to establish the age of the alleged victim or link the defendant to the offence, noting that critical witnesses, including the complainant, were not called.
“The prosecution’s evidence was so manifestly insufficient that it required no answer,” the judge ruled.
The court also faulted the prosecution’s handling of the case and the custodial authorities’ disregard for court orders, stressing that systems like the Lagos Criminal Information System were designed to prevent such occurrences.
“The fate of this defendant illustrates what happens when such systems are not effectively utilised. He was detained at public expense for years without trial,” the judge said.
Justice Oshodi subsequently discharged and acquitted the defendant, ordering his immediate release from custody.
“The defendant is not guilty. I discharge and acquit him. He is to be released forthwith.”
