For lack of evidence, court discharges father who raped daughter

A 48-year-old man, Sanni Idowu, who was alleged to have raped his 15-year-old daughter, was yesterday discharged by an Oyo State High Court sitting in Ibadan, for lack of diligent prosecution.

Justice Muktar Abimbola, who was obviously riled when the prosecuting counsel, Mr. S. Omokanye, asked for an adjournment, as according to him, he could not get his witnesses to come to court, discharged the defendant, to ensure justice for the defendants, whose continued incarceration would amount to injustice.

Justice Abimbola said it was clear that the prosecutor was not ready to prosecute the case, adding that his handling of the case, has been unreasonable and have been causing undue delay. “Justice is not only for the claimant and the society but also for the defendant. The defendant has been in prison custody for almost three years without any meaningful progress in the case.’’

Abimbola, who is the Chief Judge of Oyo State, is renowned for his zero tolerance stance against unnecessary delay of justice in cases, further said “since the arraignment of the defendant on November 3, 2013, no single investigative police officer has ever appeared. I hereby strike out the case and discharge the defendant for lack of prosecution.’’

The prosecuting counsel, Omokanye, had earlier told the court the defendant unlawfully had carnal knowledge of his 15-year-old daughter without her consent on October 2, 2013 at Amuloko area of Ibadan.