Bitrus Malami Daniyan, accused of assaulting his daughter, has been discharged by an Ikeja court due to insufficient evidence, leading him to accuse his late wife’s sisters of orchestrating the allegations and seeking custody of his child maliciously

[dropcap]A[/dropcap]n Ikeja Chief Magistrates’ Court has discharged 53-year-old Bitrus Malami Daniyan, who was facing charges of indecently assaulting his seven-year-old daughter.

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Chief Magistrate Ejiro Kubeinje struck out the case following legal advice from the Lagos State Director of Public Prosecutions (DPP), Dr. Babajide Martins, who concluded that there was insufficient evidence to proceed with prosecution.

The court ruling stated, “In view of the legal advice dated November 21, 2024… the DPP is of the opinion that there are insufficient facts to establish the offences as charged… Accordingly, the application for remand is struck out, and the defendant, Bitrus Daniyan, is discharged.”

Daniyan had been remanded in custody since June 2024, following allegations made by neighbours that he inserted his finger into his daughter’s private parts at his residence in Ajah, Lagos.

The charge contravened Section 261 of the Lagos Criminal Law, which carries a potential life imprisonment sentence.

Following his discharge, Daniyan, through his lawyer Adewale Fadipe, has 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 his child.

In his affidavit, Daniyan alleges that the Akahara sisters orchestrated the initial allegations that led to his arrest, claiming the DPP’s findings have vindicated him.

He further accuses them of breaking into his home while he was in custody and stealing important documents, including his home’s title deed, his daughter’s birth certificate, and her U.S. Social Security card.

Despite his exoneration in the assault case, Daniyan states that the Akahara sisters have proceeded with their guardianship summons, acting in bad faith and misleading the court.

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.” – Chief Magistrate Ejiro Kubeinje

He details that the sisters had lived with him and his late wife since their marriage in 2009 and denies their claims that the child resided with them, asserting they lived in his home as licensees.

Daniyan recounts an incident in November 2023 where Chinyere Akahara raised concerns about the child having a vaginal discharge, which led to a medical examination at Pediatric Partners that reportedly found no evidence of abuse – a finding supported by the DPP’s review. He also disclosed reporting the alleged break-in and theft to the police.

Daniyan vehemently denies any incestuous or abusive conduct and describes the guardianship application as a malicious attempt to gain control of his daughter and her education trust fund, set up by his late wife.

He alleges that the sisters, who he claims have no stable income, are attempting to use the fund’s balance (over N7 million) to falsely portray themselves as capable guardians.

He argues they are unsuitable custodians and that their affidavit is dishonest and contrary to relevant child rights laws and family court procedures.

Emphasizing his stable senior managerial position in a multinational company and his consistent provision for both his daughter and the applicants, Daniyan has urged the court to grant him full custody of his child and dismiss the guardianship application.

He is also seeking a restraining order against the Akahara sisters, barring them from coming within 500 metres of him or his daughter and from further interfering in custody matters.