Court dismisses case against father accused of assaulting daughter

A 53-year-old man, Bitrus Daniyan, who was accused of indecently assaulting his seven-year-old daughter, has been discharged by an Ikeja Chief Magistrate’s Court after the Lagos State Director of Public Prosecutions (DPP) found no sufficient evidence to support the charge.

Chief Magistrate Ejiro Kubeinje struck out the case based on legal advice dated November 21, 2024, issued by Dr. Babajide Martins on behalf of the Attorney General and Commissioner for Justice.

The DPP concluded that the allegations could not be substantiated.

“In line with the legal opinion provided, the prosecution cannot proceed due to insufficient evidence. The defendant, Bitrus Daniyan, is hereby discharged,” the court ruled.

The allegations stemmed from an incident in June 2024 at Daniyan’s residence in Military Zone C, Nominee Estate, Ajah, Lagos.

Neighbours had reported that Daniyan allegedly inserted his finger into the minor’s private parts, prompting the authorities to arrest and detain him.

He was charged under Section 261 of Lagos State’s criminal code, which mandates life imprisonment for such offences.

However, Daniyan’s plea was never taken as the court awaited the DPP’s advice.

With the case now struck out, Daniyan, through his lawyer Adewale Fadipe, is contesting a guardianship application filed by his late wife’s sisters, Chidinma Roseline Akahara and Chinyere Cassandra Akahara, who are seeking custody of the child.

In his counter-motion, Daniyan accused the sisters of fabricating the abuse claims in a bid to gain control of his daughter and access to her education trust fund, which he said contains over N7 million.

He further alleged that the sisters, who lack a stable source of income, unlawfully entered his room during his detention and removed vital documents including his daughter’s birth certificate, U.S. Social Security card, and the title deed to his house.

He claimed that the documents were handed over to one Dr. ABC Orjiako, who, according to police reports, had instructed his chief security officer to secure the women’s bail.

Daniyan maintained that the sisters had lived in his home as licensees since 2009 and were never the primary caregivers of the child.

He noted that his late wife had taken Chidinma to the U.S. during the birth of their daughter in 2016, and the family returned to Nigeria the following year.

He added that he traveled to the U.S. with the child again in July 2023 and returned in September.

They resumed their normal routines, including school and work.

He also mentioned that following concerns raised by Chinyere in November 2023, he took the child for a medical examination at a Victoria Island clinic, which found no signs of abuse.

Calling the guardianship bid a calculated attempt to seize control of the child’s life and her trust fund, Daniyan asked the court to grant him full custody and issue a restraining order to bar the Akahara sisters from coming within 500 meters of him or his daughter.

The court has adjourned the custody matter to May 8, 2025, for hearing on all related applications.