An Ikeja Magistrates Court sitting in Ogba, Lagos, has dismissed a sexual assault charge brought by the Police against 42-year-old Emmanuel Emeruwa. Emeruwa was initially arraigned in June on a holden charge for allegedly sexually assaulting his five-year-old daughter in his Lagos residence.
Emeruwa pleaded not guilty to the charge and was remanded in Police custody while the presiding Chief Magistrate, Mr. B.O. Osunsanmi, ordered that the case file be forwarded to the Directorate of Public Prosecution (DPP) of Lagos State for legal advice.
Following legal advice issued by the DPP on June 24, 2024, Magistrate Osunsanmi determined that the defendant had no case to answer and subsequently struck off the one-count charge against him.
The court’s judgment stated: “Based on the advice of the DPP dated June 24, 2024, Reg No LIP/MISC/R/2024/114/8, it advised non-prosecution of the defendant. The defendant, Emmanuel Emeruwa, is hereby struck out. Case dismissed.”
A copy of the legal advice signed by Lagos DPP Dr. Babajide Martin indicated that the Police investigation did not establish any prima facie case against Emeruwa. The legal advice referenced a family meeting where the victim’s mother initially accused Emeruwa of sexually assaulting their daughter but later retracted the accusation, stating she had fabricated it out of anger.
The document reads: “After carefully considering the facts available in the duplicate case file, this office is of the view that a prima facie case of sexual assault by penetration, contrary to Section 261 of the Criminal Law Cap. C.17, Vol.3, Laws of Lagos State 2015, is not disclosed against the suspect, PG B1- Emmanuel Emeruwa.
“The facts in the duplicate case file revealed that the suspect and the complainants are constantly experiencing issues in their marriage, leading to physical assault on the suspect. During one of the numerous family meetings, the complainant accused the suspect of sexually assaulting the victim, only to later apologize for making the allegation out of anger.”
