A Lagos court has discharged and acquitted a man accused of sexually assaulting his four-year-old daughter, citing insufficient evidence and failure by the prosecution to present vital witnesses or material evidence.

The case, which centered on allegations of sexual assault by penetration, was dismissed after the judge ruled that the prosecution failed to prove the charge beyond a reasonable doubt.

“The medical evidence alone, though troubling, cannot identify the perpetrator,” the judge stated.

They emphasized that the absence of direct testimony from the alleged survivor created an evidential gap that could not be bridged by hearsay or circumstantial evidence.

The court noted the importance of the principle of presumption of innocence, ruling, “It is better to let nine guilty persons escape than to wrongfully convict one innocent person.”

The judge also highlighted troubling inconsistencies in the defendant’s testimony but maintained that the burden of proof lay with the prosecution.

The prosecution, represented by Mr. Babajide Boye, presented two witnesses: a medical doctor and a police officer. However, their testimony, combined with circumstantial evidence, was deemed insufficient to secure a conviction.

The alleged incident reportedly occurred in December 2017 in the Adore, Ajah area of Lagos State. Following the court’s ruling, the defendant was discharged and acquitted.