A furniture maker from Lagos, Taiwo Opasina, has been acquitted of charges related to the sexual assault of his four-year-old daughter. The ruling was made on Tuesday by Justice Rahman Oshodi at the Ikeja Sexual Offences and Domestic Violence Court.
Opasina, 35, had been accused of sexually assaulting his daughter in December 2017, but the court found that the prosecution did not present enough evidence to prove the case. The judge pointed out that the most important witness—the young girl—was not brought to court to testify, which created a major gap in the prosecution’s case.
Justice Oshodi emphasized that without the direct testimony of the child, the case could not be proven by circumstantial evidence alone. The judge also noted that the child was described as an articulate primary school student, capable of understanding questions and identifying family members. However, no explanation was given for why the child was not called to testify.
While there was troubling medical evidence, it did not directly link Opasina to the alleged crime. The judge further explained that hearsay evidence—such as statements made by the child—could not be used in the absence of cross-examination.
In his ruling, Justice Oshodi applied the principle that it is better for guilty persons to escape justice than for an innocent person to be wrongfully convicted. Despite inconsistencies in Opasina’s testimony, the prosecution failed to prove the charges beyond a reasonable doubt, leading to his acquittal.
The case highlights the critical role of presenting key witnesses in court and the importance of direct testimony in ensuring a fair trial.