An Ikeja Chief Magistrate’s 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 that 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 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 court noted that the DPP advised against prosecuting Daniyan and recommended his release if still in custody. Accordingly, the application for remand was struck out, and Daniyan was discharged.

Daniyan had earlier been remanded at a correctional facility after 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 neighbours alleged Daniyan inserted his finger into the minor’s private parts and handed him over to the police. The offence, under Section 261 of the Lagos Criminal Law, carries a penalty of life imprisonment. However, the Magistrate ordered the case file to be forwarded to the DPP for advice before proceeding.

Following his discharge, Daniyan, through his lawyer Adewale Fadipe, filed an application seeking 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. He claimed the DPP’s findings vindicated him. He further alleged that while he was in custody, the sisters broke into his home and took important documents, including the title deed to his house, the child’s birth certificate, and her U.S. Social Security card.

Daniyan also recounted incidents indicating his close relationship with his daughter, including travelling with her to the U.S. in July 2023 and returning in September to resume their routines. He narrated a November 2023 incident where one of the sisters raised concerns about the child having a vaginal discharge, prompting a medical examination that reportedly found no evidence of abuse, a conclusion reflected in the DPP’s review.

He accused the sisters of acting maliciously and seeking control of the child’s education trust fund, which his late wife had set up. He alleged that the sisters, who have no stable income, were misusing the fund’s balance of over N7 million to present themselves as capable guardians.

Daniyan argued that the sisters were unsuitable custodians and that their affidavit was malicious and dishonest, contravening the Child Rights Law of Lagos State and the Family Court Procedure Rules. He emphasised that he holds a senior managerial position in a multinational company and has always provided for both the child and the applicants.

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 interfering further in custody matters.

The court has fixed May 8, 2025, for hearing all pending applications.