The court of appeal in Lagos has discharged and acquitted one Ismail Abdulmodiu of allegations of defilement.
On March 9, 2023, Abiola Soladoye, Lagos high court judge, convicted Abdulmodiu on a one-count charge and
sentenced him to life imprisonment
for allegedly defiling his niece.
The case marked ID/16613C/2021 was filed by the Lagos state government in 2021.
During the trial, the prosecution presented five witnesses and seven exhibits to support their case and the court held that the evidence was convincing.
Aggrieved, Abdulmodiu filed an appeal against the Lagos high court’s judgment.
On June 28, a three-member panel of the court of appeal acquitted the accused of the allegation and set aside the judgment of the lower court.
Mohammed Mustapha who read the lead judgment, held that the respondent (Lagos state) failed to show sufficient evidence (including a medical report to to prove vaginal penetration was done by the appellant) to prove the offence of defilement.
The appellate court held that evidence given by the witnesses contradicted that of the victim who testified as PW1.
“Clearly these pieces of evidence fell far short of the corroboration required to validate the evidence of PW1; yet the lower court abysmally relied heavily on these pieces of evidence in convicting the appellant,” Mustapha held.
The court held that “by the apparent contradictions in her statements, the PW1 (victim) in my view rendered her evidence completely unreliable, at best. She had shown herself to be a remorseless liar”.
The justice also faulted the high court for disregarding the testimony of DW1, a neighbour of the victim and accused person who said that the victim was vindictive and of questionable character.
“The evidence of DW1, which the lower court chose to ignore has shown, the PW1, in my opinion, to be a dangerous young lady who could viciously lash out at anyone who offends her,” the justice said.
“These taken together with all other evidence clearly paint a picture of a vindictive, stop-at-nothing young lady. Enough, whichever way you look at these, and the available evidence, to create serious doubt in the mind of the court.
“This is more so, in view of the fact that the evidence of PW1’s malicious intent was not rebutted. It is always important in matters like this to emphasize, the lower court’s duty to consider all exhibits tendered, holistically, before arriving at its conclusion, in the interest of justice.
“In the final analysis, a thorough consideration of the evidence adduced so far leaves one in no doubt as to the failure of the respondent to discharge its burden of proving this allegation of defilement beyond reasonable doubt.
“Thus, the conviction and sentence of the appellant in the circumstances scream of miscarriage of justice against the appellant.
“It is for these reasons that I now resolve the sole issue for determination in favour of the appellant, against the respondent.
“Accordingly, the appeal succeeds, and it is hereby allowed. Judgment of the high court of Lagos state, sitting in Ikeja, delivered on the 9th of March, 2023 in charge No ID/16613C/2021 is hereby set aside. The appellant is discharged and acquitted.”
