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 had 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 2009 marriage, 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 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.
The investigating officer, CSP Chris Onyeisi, then contacted Dr. Orjiako, who stated that although he was away, he had sent his Chief Security Officer, retired DSP Anyanwu, to secure the sisters’ bail.
Daniyan denied any incestuous or abusive conduct and described the guardianship application as a malicious ploy to gain control of his daughter and her education trust fund.
He explained that his late wife had set up the fund, allocating 10% of her entitlements to each applicant, and alleged that they had no stable income but were using the fund’s balance—over N7 million—to falsely present themselves as capable guardians.
He argued that the sisters were unsuitable custodians and that their affidavit was dishonest, malicious, and contrary to the Child Rights Law of Lagos State and the Family Court Procedure Rules.
Emphasising that he has always provided for both the child and the applicants, Daniyan said he currently holds a senior managerial role in a multinational company.
He urged the court to grant him full custody of the child and dismiss the guardianship application.
He also requested a restraining order barring the sisters from coming within 500 metres of him or the child and from further interfering in custody matters.
The court has fixed May 8, 2025, for hearing all pending applications.
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