Father Discharged And Acquitted of Daughter Defilement
An Ikeja Special Offences and Domestic Violence Court has discharged and acquitted one Alfred Udiong of an alleged defilement charge of a 14-year-old girl whose name was withheld.
Justice Rahman Oshodi held that the prosecution failed to prove the charge of defilement against the defendant by calling the survivor to testify.
“In this case, two elements were established: the survivor’s age through the defendant’s admission and sexual activity through the medical evidence, without the survivor’s testimony, the prosecution could not definitively establish the defendant as the perpetrator of the sexual acts evidence by the medical findings
“Consequently, the prosecution has not discharged its burden of proving the defendant’s guilt beyond reasonable doubts; the defendant is found not guilty of defilement. He is hereby discharged and acquitted” He said
Delivering the judgement, Justice Rahman Oshodi told the court that the defendant was charged of defilement of his own daughter aged 14 years.
The defendant pleaded not guilty when he was arraigned on April 26, 2022. During the trial, the prosecution called three witnesses, PW1 and medical doctor, PW2 Social worker and PW3 IPO
PW1, the medical doctor, in his testimony, told the court that the medical examination of the survivor in August 2021 revealed that her hymen was absent, though there were no recent focal injuries to her genitalia.
The defence counsel, C.O Achonye, called Just one witness, DW1. The defendant maintained that he never had sexual intercourse with the survivor and went further to tell the court that he works long hours as a driver at Citibank, leaving home at 5:00 am and returning at 10:00 pm-midnight.
The defendant also told the court that the allegations might be fabricated by the acrimonious relationship with his estranged wife and after disciplining his daughter over the alleged improper relationship with boys in the neighbourhood confirmed by Mr Chuck, their neighbour.
