Justice Rahman Oshodi of the Lagos State Special Offences Court in Ikeja has criticised the ongoing delay in operationalising the Lagos State Victim Assistance and Witness Protection Agency, warning that this failure hampers criminal justice and leaves victims and witnesses unprotected.
Justice Oshodi, who stated this while delivering judgment in a case involving defilement and abduction, insisted that the lack of a functional witness protection system is a major factor in the collapse of criminal prosecutions in Lagos courts.
The judge described the issue as “serious and recurring” and lamented that witnesses who provide statements to the police during investigations often fail to appear in court.
“The presence of witnesses is essential for a fair and effective criminal trial.
“However, in Lagos State courts, witnesses who gave statements to the police during investigations often cannot be located or compelled to testify,” he stated.
The court also observed that, although Sections 177(1) and 179 of the Administration of Criminal Justice Law (ACJL) authorise courts to issue witness summonses and warrants, these legal tools have been largely ineffective.
“This case exemplifies that failure,” the judge added.
Justice Oshodi specifically pointed to the Victim Assistance and Witness Protection Law enacted by the Lagos State Assembly and approved by the governor in 2024.
He explained that the law aims to provide support, compensation, and protection to victims and witnesses who assist law enforcement agencies and courts.
“The law creates a framework to support victims, compensate them for damages, and protect witnesses from intimidation, reprisal, and harm due to their cooperation and testimony,” he stated.
However, the judge noted that the agency tasked with implementing this law has yet to be formed nearly two years after the legislation became law.
“Regrettably, that agency has not yet been established. Until it is, the protections and mechanisms envisioned by the law are practically unavailable,” Justice Oshodi warned.
He revisited this point at the end of the judgment, noting that the agency’s absence directly affected the case he was hearing.
Justice Oshodi warned that without activating the agency, the law will remain ineffective.
“Until the agency is formed and operational, the law remains an aspiration rather than a reality,” he declared.
This observation was made while acquitting a defendant, Dauda Salami, accused of abducting and defiling a 12-year-old girl in Bariga in 2021.
The court discharged the defendant after finding that the prosecution failed to prove the charges beyond a reasonable doubt.
“Despite initially listing nine witnesses, including four police officers, none testified during the trial.
“The prosecution only called one witness, a nurse who explained a medical report.
“The prosecutrix was not called. Her mother was not called. No police officer testified. Justice Oshodi criticised the prosecution’s conduct.
He concluded that the evidence was insufficient to justify a conviction and ordered the defendant’s immediate release.
“He is acquitted and discharged. He must be released from custody now,” the court ruled.
