Court Clears Father Of Assault Allegations, Battle For Child Custody Unfolds

An Ikeja Chief Magistrates’ Court has discharged 53-year-old Bitrus Malami Daniyan of allegations that he indecently assaulted his seven-year-old daughter, following legal advice from the Lagos State Director of Public Prosecutions (DPP) citing insufficient evidence.

Chief Magistrate Ejiro Kubeinje struck out the case after the DPP, Dr. Babajide Martins, issued an advisory dated November 21, 2024, recommending against prosecution. “There are insufficient facts to establish the offences as charged,” the court quoted the DPP’s advice, leading to Daniyan’s release.

Daniyan had been remanded in a correctional facility after neighbours alleged that he inserted his finger into the child’s private parts in June 2024, at their home in Military Zone C, Nominee Estate, Ajah, Lagos. The accusation, which falls under Section 261 of the Lagos Criminal Law and carries a life sentence upon conviction, was investigated by the DPP following an earlier directive by the court.

In the aftermath of his exoneration, Daniyan—through his lawyer, Adewale Fadipe—has now filed an application asking the court to dismiss a guardianship case filed by his late wife’s sisters, Ms. Chidinma Roseline Akahara and Ms. Chinyere Cassandra Akahara, who are seeking custody of the child.

In an affidavit, Daniyan alleged the sisters instigated the false accusations to take custody of the child and gain access to her education trust fund, which contains over N7 million. He claimed that while he was in custody, the sisters broke into his room and took vital documents including his home’s title deed, the child’s birth certificate, and her U.S. Social Security card.

Despite the DPP’s findings, the sisters allegedly proceeded with their guardianship case. Daniyan accused them of bad faith, stating they had lived in his home as licensees since his marriage in 2009 and were financially unstable. He said the fund, established by his late wife, allocated only 10% of her entitlements to each sister.

He also recounted that in November 2023, Chinyere raised concerns about the child’s health, prompting a medical checkup at Pediatric Partners in Victoria Island, which found no evidence of abuse—an outcome reflected in the DPP’s review.

Daniyan further stated that he had reported the alleged break-in and theft to the police, and that both sisters admitted handing the documents to one Dr. ABC Orjiako, who reportedly sent his Chief Security Officer to assist with their bail.

Daniyan is now requesting full custody of his daughter, dismissal of the guardianship application, and a restraining order barring the Akahara sisters from coming within 500 metres of him or the child.

The court has scheduled May 8, 2025, to hear all pending applications.