The DPP dropped the charge, which was before Magistrate Ejiro Kubeinje of an Ikeja Magistrates’ Court, due to insufficient evidence.
Okwumbu, 37, was accused by the police of defiling a three-year-old pupil of the school.
But the June 7 legal advice signed by the DPP, Dr. Babajide Martins, with reference number LIP/MISC/2022/76/12, stated that there were insufficient facts to establish a prima facie case against Okwumbu.
It was issued in response to a June 4 letter from the Divisional Police Headquarters, Isokoko Division, Agege, Lagos, with reference number CR:3100/LS/ISK/VOL.TI/22.
According to the case, said the DPP, Okwumbu was no longer the driver of the school bus as of March 23, when the alleged incident occurred, having been relieved of his job as of March 14, for non- maintenance of the bus.
The DPP report stated in part: “This office is of the view that there are insufficient facts to establish a prima facie offence of defilement of a child contrary to Section 37 of the Criminal Laws State, 2015 against Kingsley Okwumbu.
“Facts reveal that PageB1 (Okwumbu) was no longer the driver of the school bus as of March 23, when the alleged incident occurred as PageB1 had been relieved of the duty of driving the school bus on March 14, for non-maintenance of the bus.
“The statement of PageB3 – Osem Aba Matthew (a new driver) who took over from PageB1 also revealed that each day pupils are picked from their respective houses.
“There is an entry book and same is completed by the bus attendant when pupils are returned. There was never a time when the bus driver was alone with any of the pupils in the bus.
“The above casts a material doubt as to who in fact sexually defiled or molested Page A5 (the child).
“The law is settled that where there is material doubt as to whether the defendant commits the alleged offence, such doubt shall be resolved in favour of the defendant”.
It was noted that the child’s mother suspected defilement when the child would cry whenever she washed her private parts. On enquiry, the child allegedly said it was Okwumbu that touched her “wee wee and bum bum”.
The medical report indicated blunt force penetration of the child’s genitals”.
But, following Okwumbu’s denial of the allegation and the lack of other facts against him, the charge was dropped.
“In Nigeria, a person cannot be convicted of rape of a girl under 14-years of age upon the uncorroborated testimony of one witness,” the DPP explained, adding that this was in accordance with Section 179 (5) of the Evidence Act, Cap.112 of the Laws of the Federation, 1990 and Section 218 of the Criminal Code Act, Cap. 77 of the Laws of the Federation, 1990.
Magistrate Kubeinje had on April 19 remanded Okwumbu at the Kirikiri Correctional Centre after directing the police to send the case file to the Lagos DPP for legal advice.
