The Ikeja Special Offences and Domestic Violence Court is hearing the case of Taiwo Oyelabi, who is accused of engaging in unlawful sexual relations with his biological daughter.
Mr Oyelabi faces a single charge of rape, a violation of Section 358 of the Lagos State Criminal Law of 2015.
Inspector Bakare Iyabo, presenting the prosecution’s case, informed the court that the defendant was apprehended on April 16, 2018, following a report made to the Igando Police Station alleging an inappropriate relationship between Mr Oyelabi and his daughter. He was subsequently detained for further investigation.
According to Inspector Iyabo’s testimony, Mr Oyelabi confessed to the alleged crime during questioning by both the Inspector and the Divisional Police Officer. The witness further stated that the defendant has two daughters. While the second daughter claimed she left home due to her father’s inappropriate advances, the victim allegedly said she had nowhere else to go.
Inspector Iyabo additionally revealed that the victim was four months pregnant at the time of the report.
Oyelabi was transferred to the Gender Police Station for further investigation on April 17, 2018.
The prosecution presented statements allegedly signed by both the defendant and the victim.
Mr Oyelabi’s lawyer, Onome Akpnye, objected to the admissibility of these statements, claiming they were obtained under duress and not submitted voluntarily.
Furthermore, Akpnye asserted that the presented copies were not originals and did not comply with Section 104 of the Evidence Act.
Prosecutor B.T. Boye countered by requesting a “mini-trial” to determine the voluntariness of the statements. He further clarified that prosecutors, acting on behalf of the Attorney General’s office, are not obligated to pay specific fees in such instances.
Justice Ramon Oshodi, presiding over the case, carefully considered both sides’ arguments. He acknowledged the defence’s objection but deemed the prosecution’s actions substantially compliant with Section 104 of the Evidence Act.
Consequently, he overruled the objection and allowed the statements as evidence.
The court then proceeded with a “mini-trial” to determine the validity of the statements.
During this process, Inspector Iyabo reiterated that the defendant was neither beaten nor threatened while in custody.
Conversely, the defendant, taking the stand, claimed he was subjected to physical assault by police officers. He denied responsibility for his daughter’s pregnancy and alleged that the community chief, with whom he had a prior disagreement, spitefully reported him to the authorities.
Justice Oshodi, therefore, adjourned the case until July 10, 2024, to allow both legal teams to submit their closing arguments.
