An Ikeja Chief Magistrate’s Court has acquitted 53-year-old Bitrus Daniyan, who had been accused of indecently assaulting his seven-year-old daughter, after the Lagos State Director of Public Prosecutions (DPP) determined there was insufficient evidence to proceed with the case.
Chief Magistrate Mrs. Ejiro Kubeinje struck out the case following legal advice issued on November 21, 2024, by Dr. Babajide Martins, representing the Attorney General and Commissioner for Justice.
The DPP concluded that the available facts did not support the charge and advised against further prosecution.
“The DPP is of the opinion that there are insufficient facts to establish the offences as charged.
The defendant, Bitrus Daniyan, is hereby discharged,” the court ruled.
Daniyan had been remanded in custody after being accused of assaulting his daughter in June 2024 at their home in Military Zone C, Nominee Estate, Ajah, Lagos.
According to the prosecution, neighbors reported that Daniyan had inserted his finger into the child’s private parts, leading to his arrest.
The charge, under Section 261 of the Lagos Criminal Law of 2015, carried a potential life sentence.
However, Daniyan’s plea was not taken, and the case was adjourned while awaiting the DPP’s legal opinion.
Following his discharge, Daniyan filed a motion to dismiss a guardianship application made by his late wife’s sisters, Chidinma Roseline Akahara and Chinyere Cassandra Akahara, who were seeking custody of the child. Daniyan, through his lawyer, Adewale Fadipe, accused the sisters of fabricating the allegations against him to gain custody of his daughter and access to her N7 million education trust fund.
He claimed that the sisters had no stable income and were using the fund to present themselves as suitable guardians.
Daniyan also alleged that, during his time in custody, the sisters unlawfully took critical documents from his home, including the title deed to his property, his daughter’s birth certificate, and her U.S. Social Security card.
Daniyan further claimed that the sisters later told police the documents were given to one Dr. ABC Orjiako, who confirmed that he had sent his chief security officer to secure their bail. Investigators indicated that the sisters were acting in bad faith.
The custody dispute also includes allegations that Daniyan’s daughter had not resided with the sisters, who had lived under Daniyan’s roof since 2009.
He noted that after traveling to the U.S. with his daughter in July 2023, they both returned to Nigeria in September, and the child resumed her normal school routine.
Daniyan also mentioned a visit to a pediatric clinic in November 2023, which found no evidence of abuse.
Daniyan is seeking full custody of his daughter and a restraining order against the Akahara sisters, preventing them from coming within 500 meters of him or the child.
The court has adjourned the custody hearing to May 8, 2025, to address the pending applications.