LAGOS COURT FREES MAN AFTER 10 YEARS IN DETENTION WITHOUT CONVICTION

Read Time:2 Minute, 38 Second

By Aishat Momoh. O.

A Lagos State High Court sitting in Ikeja has discharged and acquitted one Ibrahim Usman after spending nearly 10 years in custody without conviction, ruling that the prosecution failed to prove the allegation of defilement against him beyond reasonable doubt.

Justice Rahman Oshodi, who delivered the judgment on Tuesday in Charge No. ID/4091C/2017, described the prolonged detention as a grave institutional 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 February 2016 at Ipaja, Lagos. However, the prosecution did not file charges until March 2017.

The court observed that authorities at the Kirikiri Maximum Security Custodial Centre repeatedly failed to produce the defendant before different judges despite several production warrants issued by the court.

Justice Oshodi noted that the defendant was not produced in court between October 2017 and February 2020, leading Justice Sybil Nwaka, now of the Court of Appeal, to strike out the case on February 13, 2020, for want of diligent prosecution.

The judge further stated that the prosecution later discovered that Usman had remained in custody despite the case being struck out.

Even after the matter 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.

Describing the conduct of custodial authorities as “persistently deficient,” Justice Oshodi held that failure to comply with production warrants issued by a High Court was a serious institutional concern.

“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 said.

At the trial, the prosecution called 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 the evidence presented was insufficient to sustain the charge, noting that the prosecution also failed to establish the age of the alleged victim or provide evidence directly linking the defendant to the offence.

Justice Oshodi further criticised the prosecution for failing to call key witnesses, including the complainant.

“The prosecution’s evidence was so manifestly insufficient that it required no answer,” the court held.

The judge also stated that the delay in the matter was caused largely by the prosecution’s failure to diligently pursue the case and the disregard of court orders by custodial authorities.

He added that systems such as the Lagos Criminal Information System were designed to prevent such situations by properly tracking defendants within the justice system.

“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,” Justice Oshodi said.

The court subsequently discharged and acquitted Usman and ordered his immediate release from custody.

“The defendant is not guilty. I discharge and acquit him. He is to be released forthwith,” the judge ruled.