School Owner Arraigned For Alleged Sexual Assault Cleared By DPP

CHUKA UBAH

The Directorate of Public Prosecution has cleared one Elijah Babaniyi, who was arrested over alleged sexual assault on a school pupil, of any wrong based on inability to establish the allegation against him.

According to a legal advice dated 8^th April, 2019, and signed by Dr. Jide Martins, for the Attorney General and Commissioner for Justice, Lagos State, it stated that the defendant, Elijah Babaniyi, should not be prosecuted as available facts were insufficient to establish the offence against him. In the light of the foregoing, the defendant was discharged and ordered to be released from prison custody.

The DPP in their report stated that facts as contained in the duplicate case file revealed that on 4^th February, 2019, at about 1500hours, the victim, Daniel Batel, (F) 2 years old, was dropped off by Elijah Babaniyi from the school bus with other children meant to be dropped off to their parents. Her mother, Daniel Stephanie, discovered that she was sweating profusely which prompted her decision to bath the victim. In the process of trying to bath her, it was discovered that she had pains in her private part. When asked she said that somebody had touched her vagina. The victim was taken to a nearby hospital and subsequently to Mirabel Centre, and it was confirmed that she has been abused.

While studying the duplicate case file, the DPP discovered that the victim was not interviewed. There was no report of general observation and no report of bruises or injuries in the vagina.

Looking at the law, the DPP said that the law is clear that the guilt of an accused person can be in at least three ways: by confessional statement of the suspect, by the evidence of an eye witness or by circumstantial evidence.

Following the above, it was stated that there was no eye witness or admission of the fact of the case and the victim, Daniel Batel, has not been able to link Elijah Babaniyi to the offence. It was also outlined that the medical report was not detailed; it did not confirm penile, finger penetration or forceful penetration. It is therefore no conclusive evidence that the victim was defiled as alleged as there was room for speculation and doubt.

The DPP, having carefully studied the duplicate case file, stated that the defendant, Elijah Babaniyi, should not be prosecuted as available facts were insufficient to establish the offence against him. In the light of the foregoing, the defendant was discharged and ordered to be released from prison custody.