An Ikeja Chief Magistrate’s Court has discharged a 53-year-old man, Bitrus Daniyan, accused of indecently assaulting his seven-year-old daughter, after the Lagos State Director of Public Prosecutions found insufficient evidence to proceed with the case.

Chief Magistrate Mrs Ejiro Kubeinje struck out the case following legal advice dated November 21, 2024, issued by Dr Babajide Martins on behalf of the Attorney General and Commissioner for Justice.

The DPP concluded that the facts presented did not support the charge and advised against prosecution.

“In view of the legal advice, the DPP is of the opinion that there are insufficient facts to establish the offences as charged. The defendant, Bitrus Daniyan, is hereby discharged,” the court held.

Daniyan had been remanded in custody following allegations that he indecently assaulted his daughter in June 2024 at their residence in Military Zone C, Nominee Estate, Ajah, Lagos.

The Prosecutor Inspector John Iberedem had told the court that neighbours claimed Daniyan inserted his finger into the child’s private parts, leading to his arrest.

The charge was based on Section 261 of the Lagos criminal law of 2015, which prescribes life imprisonment for such an offence.

However, Daniyan’s plea was never taken as the court awaited the DPP’s advice.

Following his discharge, Daniyan, through his counsel Adewale Fadipe, filed a motion to dismiss a guardianship application filed by his late wife’s sisters, Chidinma Roseline Akahara and Chinyere Cassandra Akahara, who are seeking custody of the child.

In his supporting affidavit, Daniyan accused the sisters of fabricating the allegations that led to his arrest.

He claimed their actions were part of a scheme to assume custody of his daughter and gain access to her education trust fund, which he said holds over N7m.

Daniyan also alleged that the sisters had no steady income but were using the fund’s existence to portray themselves as suitable guardians.

He stated that during his time in custody, the applicants unlawfully entered his room and took critical documents, including his home’s title deed, his daughter’s birth certificate, and her U.S. Social Security card.

Daniyan stated that a formal petition was filed, and the sisters later told police that the documents were given to one Dr. ABC Orjiako.

According to the investigators, Orjiako confirmed that he had sent his chief security officer to secure the woman’s bail.

He further revealed that the sisters were acting in bad faith.

He recounted that they had lived with him and his late wife since 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 early 2017.

Daniyan denied that the child resided with the sisters, stating instead that they lived under his roof as licensees.

He said he travelled with his daughter to the U.S. in July 2023 and returned with her in September.

Both resumed their normal routine at work and the child at school.

He also referenced a November 2023 incident when Chinyere raised concerns about the child’s health.

Daniyan said he arranged for them to visit a pediatric clinic in Victoria Island, where an examination revealed no evidence of abuse, further validating the DPP’s decision to drop the case.

Calling the guardianship suit a malicious attempt to take control of his daughter’s life and trust fund, Daniyan asked the court to dismiss it, award him full custody, and issue a restraining order preventing the Akahara sisters from coming within 500 metres of him or his daughter.

The court has adjourned the custody case till May 8, 2025, to hear all pending applications related to the case.