An Ikeja Sexual Offences and Domestic Violence Court has discharged a security guard, Tony Nkocha, accused of defiling a nine-year old girl, (name withheld) for want of diligent prosecution.
Justice Abiola Soladoye freed Nkocha of the one count of defilement preferred against him by the Lagos State Government for want of diligent prosecution.
Soladoye said that there was no moral justification for keeping Nkocha at the correctional centre due to non-presentation of witnesses by the prosecution.
According to her: “Whoever brought him to court must be here to testify against him.
“Justice is for all, for the defendant, victim and general public at large.
“No one will use this court to suffer anybody.”
The judge thereafter struck out the case and said that the prosecution was at liberty to re-arrest Nkocha whenever the witnesses were ready.
“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 said.
Earlier, the defence counsel, Scholarstica Nwogu, had prayed the court to strike out the case for want of diligent prosecution.
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Nwogu said that the case had come up 13 times with no witness to show up.
“I humbly urge this court to strike out the case for want of diligent prosecution because this case has come up 13 good times with no witnesses from the prosecution.
“The defendant has been in custody since 2020,” she said.
According to the prosecution, the alleged offence contravenes the Criminal Laws of Lagos State, 2015.
