Delivering judgment, Justice Abiola Soladoye, held that the prosecution failed to prove the three-counts of defilement against Godwin.
Soladoye held that the court was unable to determine the age of the alleged minor because she was not in court to give evidence.
“The Investigating Police Officer (IPO) in this case is the only person who testified and she cannot cry more than the bereaved.
“What is important in this case is the evidence adduced and as presented by the IPO as far as this court is concerned is of no moment.
“This is because the victim, who should have been here physically to tell her story and speak up, is not present before this court.
“The IPO had testified before this court that the alleged survivor and her mother reported that the defendant in September 2017 accosted the girl, dragged her and had sexual intercourse with her.
“But the girl in question was not produced by the prosecution to give her ordeal before the court,’’ she said.
Soladoye said the prosecution did not prove the charge of defilement against Godwin and she consequently discharged and acquitted him.
The judge cautioned prison officials to allow defendants come with mufti to court.
Soladoye said this was necessary, in case any defendant was discharged, he or she could switch from prison uniform to mufti.
She said there are series of complaints that those discharged and acquitted by courts are unduly detained by prison officers.
According to the prosecution, the offence contravenes Section 137 of the Criminal Laws of Lagos State 2015.
