He was initially arraigned on February 6, 2020, before Honourable Justice S.O. Nwaka, who is now a Justice of the Court of Appeal.
The matter was later reassigned, and Pa Fashola was re-arraigned on November 17, 2021, before Justice Oshodi, where he again entered a plea of not guilty.
During the trial, the prosecution called four witnesses.
According to the prosecution’s case, a neighbour allegedly observed inappropriate conduct involving the prosecutrix (alleged victim) and her father, which prompted a report to the Community for the Defence of Human Rights (CDHR). Investigations subsequently led to the arraignment of Pa Fashola.
In his defense, Pa Fashola, who hails from Lagelu Local Government Area of Ibadan, Oyo State, denied the allegation, stating in his testimony that he was merely informed that he had been accused of having s£xual intercourse with the prosecutrix.
Delivering his judgment, Justice Oshodi held that the prosecution failed to provide credible and admissible evidence to prove beyond a reasonable doubt that the defendant had s£xual intercourse with the prosecutrix in 2017.
The Court observed that the failure of the prosecutrix to give first-hand testimony on the alleged incident was fatal to the prosecution’s case.
Justice Oshodi noted that the prosecutrix neither testified nor identified her alleged assailant with certainty, adding that her absence created a fundamental gap in the evidence, which could not be cured by the testimony of witnesses who did not personally witness the alleged act. The judge consequently discharged and acquitted the defendant.
Watch the interview Pa Fashola granted after his release below.