Court exonerates rape suspect after eight years in prison

Muyideen Bilau was exonerated of rape allegations by Justice Ramon Oshodi of the Ikeja Sexual Offenses and Domestic Violence Court in Lagos State on Monday due to a lack of diligent prosecution.

For eight years and nine months, Bilau was detained and imprisoned.

The prosecution failed to provide a witness, therefore the defendant—who had been taken into custody on April 5, 2014—was remanded on April 14, 2014, but he was never put on trial.

The defense attorney, Yusuf Nurudeen, and the prosecution attorney, Bukola Okeowo, both made appearance announcements at the case's resumed hearing on Monday.

However, Okeowo informed the court that although the case was scheduled to begin, the witnesses were not there.

Nurudeen responded by requesting that the case be dismissed for lack of a diligent prosecution because it had been postponed numerous times at the request of the prosecution.

He claimed that following his arrest on April 5, 2014, the defendant was initially placed in detention by the magistrates' court on April 14, 2014.

Nurudeen said that since the defendant's arraignment for a sexual offense on September 30, 2021, before this court, the prosecution had not called any witnesses.

“Upon his arraignment, the court gave accelerated hearing and on June 16, 2022, the prosecution made the same application and on October 14, 2022, the same application was made by the prosecution.

“Our application is that this case should be struck out for want of diligent prosecution and Section 231 (1) gives this court the ultimate power to strike out this case for want of diligent prosecution,” he added.

The application of the lawyer was not opposed by the prosecution.

Oshodi issued a brief decision on the subject, dismissing the case and freeing the defendant.

The judge held, “I have carefully listened to the defence counsel to strike out the case; the application succeeds.

“The defendant is discharged but not acquitted.”

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