A Lagos State High Court sitting in Ikeja has discharged and acquitted Ibrahim Usman, who spent about 10 years in custody without conviction, after ruling that the prosecution failed to prove the charge of defilement against him beyond reasonable doubt.

Justice Rahman Oshodi, who delivered the judgment on Tuesday in Charge No. ID/4091C/2017, held that the prosecution’s case was manifestly weak and failed to establish the essential ingredients of the offence under Section 137 of the Criminal Law of Lagos State.

The court also faulted both the prosecution and custodial authorities, describing the prolonged detention as a grave institutional failure within the criminal justice system.

Usman was arrested on June 14, 2016, over allegations of unlawful sexual intercourse with a 13-year-old girl in February 2016 at Ipaja, Lagos. However, the prosecution did not file charges until March 2017.

The court noted that when the case came up for arraignment, authorities at the Kirikiri Maximum Security Custodial Centre repeatedly failed to produce the defendant before different judges despite several production warrants.

This persisted between October 2017 and February 2020, leading to the case being struck out on February 13, 2020, by Justice Sybil Nwaka (now of the Court of Appeal) for want of diligent prosecution after the defendant could not be produced in court.

It later emerged that the prosecution was unaware that the defendant remained in custody.

Even after the case was reassigned, custodial authorities again failed to produce him between December 2023 and January 2024, despite fresh court orders. He was eventually brought before the court on March 14, 2024.

Justice Oshodi described the conduct of the custodial authorities as persistently deficient.

“A production warrant issued by a High Court is a lawful command. The custodial authorities’ failure to comply with it in this case is a matter of grave institutional concern,” the court held.

At trial, the prosecution called only one witness, a medical doctor who merely interpreted a report prepared by another doctor who neither testified nor tendered the report in evidence.

Under cross-examination, the witness admitted he did not personally examine the alleged victim.

The court held that, in the absence of the medical report and testimony of its maker, the evidence could not sustain the charge.

Justice Oshodi further ruled that the prosecution failed to establish the age of the alleged victim and did not provide evidence linking the defendant to the offence, noting that key witnesses, including the complainant, were not called.

“The prosecution’s evidence was so manifestly insufficient that it required no answer,” the judge held.

The court also found that the defendant’s decision to rest his case on that of the prosecution was justified, as no prima facie case had been established.

Justice Oshodi emphasised that the delay was not caused by the court but by the prosecution’s failure to diligently pursue the case and the custodial authorities’ disregard for court orders.

He noted that systems such as the Lagos Criminal Information System were created to prevent such occurrences by tracking defendants across the justice system.

“The fate of this defendant illustrates what happens when such systems are not effectively utilised. He was detained at public expense for years without trial,” the judge said.

Justice Oshodi subsequently discharged and acquitted the defendant, ordering his immediate release from custody.

“The defendant is not guilty. I discharge and acquit him. He is to be released forthwith,” he ruled.

Passengers aboard the MV Hondius have adopted strict health protocols reminiscent of the COVID-19 era as authorities across multiple countries investigate an outbreak of a rare hantavirus linked to several deaths.

The New York Times reports that those on board the vessel are “…sanitising their hands repeatedly and awaiting their next socially distanced meal” as the ship sails across the Atlantic under heightened health surveillance.

The outbreak has prompted coordinated international responses, with Spain confirming plans to receive the vessel in the Canary Islands despite objections from regional authorities.

Spain’s health minister, Mónica García, said the ship would dock in Tenerife, where passengers would be able to return home if they are medically fit to travel.

However, the move has drawn criticism from local officials. Fernando Clavijo, head of the Canary Islands government, questioned the decision, saying, “There is no information that justifies why the vessel must sail for three days to the Canary Islands.”

Health concerns intensified after three passengers died and several others fell ill.

The World Health Organisation confirmed that the cases are linked to hantavirus, a rare group of viruses typically transmitted by rodents.

Despite the fatalities, the WHO Director-General, Tedros Ghebreyesus, sought to reassure the public, stating that “at this stage, the overall public health risk remains low.”

Medical evacuations have already taken place, with three individuals, including two with acute symptoms, flown to the Netherlands for treatment.

Authorities say the cases involve the Andes strain of hantavirus, which, while rare, can spread between humans through close and sustained contact.

South African health officials have since begun tracing individuals who may have been exposed.

The country’s health minister, Aaron Motsoaledi, said authorities had identified 62 contacts, adding that 42 people have already been traced and placed under observation.

On board the ship, passengers have been instructed to maintain distancing, wear masks and adhere to strict hygiene practices. Dining arrangements have also been modified, with seating spaced out and sanitiser stations installed throughout the vessel.

“Our days have been close to normal, just waiting for authorities to find a solution,” one passenger told The Times, adding that morale remained high despite the uncertainty.

Investigations are ongoing into the origin of the outbreak, with Argentine authorities examining whether the virus may have been contracted during earlier travel in South America.

According to a Harvard health advisory, hantavirus was first identified in the Hantaan River region of Korea and is commonly carried by rodents, with humans contracting it through exposure to their saliva, urine or droppings.

The advisory notes that while the disease is rare, it can be severe, particularly when it affects the lungs, kidneys or heart.

The advisory further states that human-to-human transmission is “unusual” and that infections are “not considered a significant risk to the public” due to their rarity and limited spread. However, the confined environment of a cruise ship may have created conditions for the limited spread now under investigation.

Symptoms of the disease often begin with fatigue, fever and muscle aches, followed by headaches, dizziness and gastrointestinal distress.

In more severe cases, patients may develop respiratory complications, including coughing and shortness of breath, as fluid accumulates in the lungs.

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