Court Discharges Father Accused Of Assault, Sets Hearing On Child Custody Battle
An Ikeja Chief Magistrates’ Court has discharged a 53-year-old man, Bitrus Malami Daniyan, who was accused of indecently assaulting his seven-year-old daughter.
Chief Magistrate Ejiro Kubeinje struck out the case after the Lagos State Director of Public Prosecutions (DPP), Dr. Babajide Martins, issued legal advice stating there was insufficient evidence to proceed with prosecution.
“In view of the legal advice dated November 21, 2024, with reference number 1JP/MISC/R/2024/1514/8, signed by Dr. Babajide Martins for the Honourable Attorney General and Commissioner for Justice, Lagos State, the DPP is of the opinion that there are insufficient facts to establish the offences as charged,” the court held.
“The DPP has therefore advised against the prosecution of the defendant and recommended his release if still in custody. Accordingly, the application for remand is struck out, and the defendant, Bitrus Daniyan, is discharged.”
Daniyan had earlier been remanded at a correctional facility following allegations that he indecently assaulted the child in June 2024 at Military Zone C, Nominee Estate, Ajah, Lagos.
Prosecutor Inspector John Iberedem told the court that the defendant allegedly inserted his finger into the minor’s private parts, a claim reportedly made by neighbours who handed Daniyan over to the police.
The charge contravened Section 261 of the Lagos Criminal Law, which prescribes life imprisonment for such an offence.
Although Daniyan’s plea was not taken, the magistrate had ordered that the case file be forwarded to the DPP for advice.
Following his discharge, Daniyan, through his lawyer Adewale Fadipe, filed an application urging the court to dismiss a guardianship suit brought by his late wife’s sisters, Ms. Chidinma Roseline Akahara and Ms. Chinyere Cassandra Akahara, who are seeking custody of the child.
In his affidavit, Daniyan alleged that the sisters orchestrated the initial allegations that led to his arrest and that the DPP’s findings had vindicated him.
He further claimed that while he was in custody, the applicants broke into his room and took important documents, including the title deed to his home, the child’s birth certificate, and her U.S. Social Security card.
Despite his exoneration, Daniyan said the Akahara sisters proceeded with their guardianship summons.
He accused them of acting in bad faith and misleading the court.
He narrated that the sisters had lived with him and his late wife since their marriage in 2009, and that his wife had taken Chidinma to the U.S. when she gave birth to their daughter in 2016.
The family returned to Nigeria in January 2017. He denied claims that the child resided with the applicants, insisting they lived in his home as licensees.
Daniyan also stated that he traveled with his daughter to the U.S. in July 2023 and returned with her in September. They resumed their routines—he at work and the child at school.
He recounted an incident in November 2023 when Chinyere raised concerns about the child having a vaginal discharge.
He said he directed his driver to take them to Pediatric Partners in Victoria Island, where a medical examination reportedly found no evidence of abuse—claims supported by the DPP’s review.
He also disclosed that he had reported the alleged break-in and theft through a formal petition filed by his lawyer.
Both Chidinma and Chinyere Akahara reportedly gave statements to the police on February 26, 2025, acknowledging that the documents were handed to one Dr. ABC Orjiako.
