Court Orders Release Of Security Guard Accused Of Defilement Due To Lack Of Prosecution
After spending four years in detention, a security guard, Tony Nkocha, accused of defiling a nine-year-old girl, has been discharged by the Ikeja Sexual Offences and Domestic Violence Court due to lack of diligent prosecution.
Justice Abiola Soladoye, presiding over the case, made the decision to free Nkocha of the one-count charge of defilement brought against him by the Lagos State Government, citing the absence of prosecution witnesses as the primary reason for the dismissal.
Soladoye emphasized the principle of justice for all parties involved and asserted that no one should be subjected to prolonged detention without a fair trial.
“Whoever brought him to court must be here to testify against him. Justice is for all, for the defendant, victim, and the general public at large. No one will use this court to suffer anybody,” Justice Soladoye remarked.
Consequently, the judge struck out the case but clarified that the prosecution could re-arrest Nkocha once witnesses were prepared to testify.
“This case is struck out for lack of diligent prosecution. However, the prosecution is at liberty to re-arrest the defendant when the witnesses are ready. The prosecution must also put their house in order, for justice delayed is justice denied,” she stated.
Defense counsel Mrs. Scholastica Nwogu had earlier urged the court to dismiss the case due to the prosecution’s consistent failure to present witnesses. Nwogu highlighted that the case had been adjourned 13 times without any witnesses from the prosecution appearing.
The alleged offence, as per the prosecution, contravenes the Criminal Laws of Lagos State, 2015.
