Lucky Obukohwo, Reporting
The Court of Appeal sitting in Lagos State and presided over by Justice R. A. Oshodi has set aside the conviction and life imprisonment sentence handed to a visually impaired man, Suleiman Mohammed, over alleged sexual assault.
Mohammed had been arraigned before Justice R. A. Oshodi of Lagos State High Court on a two-count charge bordering on indecent treatment of a child and sexual assault by penetration, contrary to Sections 135 and 261 of the Criminal Law of Lagos State, 2015.
He pleaded not guilty to the charges.
During trial, the prosecution called two witnesses; the victim and her mother and tendered exhibits in support of its case. Mohammed also testified in his own defence.
In a judgment delivered on November 21, 2023, the trial court found him guilty and sentenced him to seven years imprisonment on the first count and life imprisonment on the second count.
Dissatisfied with the verdict, Mohammed, through his counsel, Amaka Itegboje, approached the appellate court, describing the conviction as a miscarriage of justice and urging the court to overturn the decision.
Delivering the lead judgment, Justice Joseph Eyo Ekanem, who headed a three-man panel, held that the trial court’s decision lacked sound reasoning and was not supported by credible evidence.
“A judgment sending a man to the gallows must be seen to be the product of logical thinking, based upon admissible evidence,” the court held, adding that decisions founded on weak reasoning cannot be allowed to stand, particularly in criminal matters.
The appellate court consequently allowed the appeal, set aside the lower court’s judgment, and entered a verdict of not guilty, thereby discharging and acquitting Mohammed.
Other members of the panel: Justice Paul Ahmed Bassi and Justice Ngozika Uwazurunonye Okaisabor, concurred with the lead judgment.
Reacting to the ruling, Itegboje described the outcome as a victory for justice, fairness, and the rule of law.
She noted that the case underscores the need for stronger safeguards in the justice system, particularly for persons living with disabilities.
According to her, courts must ensure that disability does not become a basis for injustice, calling for enhanced judicial training, proper legal representation, and stricter adherence to fair hearing principles in cases involving vulnerable persons.
Itegboje expressed that the Judgment is not only a victory for one Individual but a victory for Justice and that where the weak are protected, justice is strengthened and today, justice was strengthened.
She also stated that this case highlights a very important issue in our Justice system: Protection of persons with disabilities.”Persons living with disabilities are among the most vulnerable in our society and when they come before the law, the law must ensure that their disability does not become a basis for injustice and that the true rule of Justice is not how it treats the powerful, but how it treats the vulnerable and voiceless and the freedom restored today is not just for one man but a reassurance to every vulnerable person that the law will ultimately stand for them.”
