This was contained in a legal advice with reference number LIP/MISC/2022/76/12, dated June 7, made available on Wednesday.
The content of the advice, partly read, “This office is of the view that there are insufficient facts to establish a prima facie offence of defilement of a child contrary to Section 37 of the Criminal Laws of Lagos State, 2015, against Kingsley Okwumbu.”
“Facts reveal that Page B1 Okwumbu was no longer the driver of the school bus as at March 23, when the alleged incident occurred as PageB1 had been relieved of the duty of driving the school bus on March 14, for non-maintenance of the bus.
“The statement of PageB3 – Osem Aba Matthew (a new driver) who took over from PageB1 also revealed that each day pupils are picked from their respective houses.
“The law is settled that where there is material doubt as to whether the defendant commits the alleged offence, such doubt shall be resolved in favour of the defendant,” this is according to the legal advice.
Upon inquiry, her daughter revealed that it was Okwumbu that touched her “wiwi bom bom.”
The legal advice stated that this was in accordance with the Section 179 (5) of the Evidence Act, Cap. 112 of the Laws of the Federation, 1990 and Section 218 of the Criminal Code Act, Cap. 77 of the Laws of the Federation, 1990.
“Page B1, B2 and B3 have no case to answer and are to be released and discharged forthwith if still in custody,” the DPP said.
“We still live with the hope that the true perpetrator, wherever the person may be, will be found and punished for this act and we pray that the child will recover psychologically and physically from the ordeal.
“Although the whole experience has been a very tiring one for everyone, we are glad for the opportunity it brought to do a thorough review and make improvements where necessary,” the school management said. CONTINUE READING……..
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