Lagos DPP clears ex-ARM Executive Onigbogi of rape allegation

—Says allegation not backed by credible or conclusive evidence

The Lagos State Directorate of Public Prosecutions (DPP) has cleared Mr. Abisola Onigbogi, former Executive Director of ARM Pension Managers Ltd, of the rape allegation levelled against him by a female colleague, declaring that the claim was not supported by credible or conclusive evidence.

In a legal advice dated October 1, 2024, issued by the Director of Public Prosecutions, Dr. Babajide Martins, on behalf of the Lagos State Attorney-General and Commissioner for Justice, the DPP said a thorough review of the police investigation revealed no prima facie case against Onigbogi.

According to the document obtained by this platform, the DPP stated: “After carefully considering the facts available in the duplicate case file, this Office is of the opinion that a prima facie case of rape contrary to Section 260 of the Criminal Law of Lagos State, 2015, is not disclosed against Mr. Abisola Onigbogi.”

The DPP also ruled out any basis to prosecute Onigbogi and two female colleagues-Oluyori Damilola and Fransisca Azie, for alleged conspiracy or incapacitation in order to commit a felony, stating that no evidence supported the claim that the complainant’s drink was spiked during the office party preceding the alleged incident.

“The video clip in the flash drive attached to the file shows how the bartender opened the bottle of Jameson from which the complainant acknowledged she drank. There is no video showing that anyone spiked her drink, and no witness came forward to support that claim. Suspicion, no matter how strong, cannot take the place of proof,” the advice stated.

On the allegation that the complainant was raped in a hotel after the party, the DPP noted that while CCTV footage confirmed she and Onigbogi were together in a hotel room for about one and a half hours, there was no conclusive evidence of what transpired inside the room.

“Being in the hotel room with the complainant for one and a half hours is only circumstantial evidence. It does not, by itself, prove that a rape occurred. There is no confession, eyewitness, or scientific evidence to establish penetration,” the DPP said.

The advice further highlighted the absence of critical forensic and medical evidence, including toxicology and DNA tests that could have substantiated the alleged act.

“The suspicion that her drink was spiked is unsupported by any chemical analysis. Neither her urine nor blood samples were tested for toxins. Also, medical reports from Island Maternity Hospital and the Mirabel Centre are not conclusive enough to indict the suspect,” the DPP stated.

According to the DPP, the lack of scientific proof and the inconclusive nature of the medical findings made any criminal prosecution speculative and unjust.

“Only a swab test confirming the suspect’s DNA could have established culpability. As it stands, there is no sufficient or compelling evidence to prove rape or incapacitation to commit a felony against any of the suspects,” the advice concluded.

Consequently, the DPP directed that Onigbogi, Damilola, and Azie have no case to answer and should be discharged and released if still in custody.

“In light of the foregoing, this Office advises that all the suspects be discharged and released forthwith,” the legal advice stated.

The legal opinion effectively clears the former ARM Pension executive and his colleagues of all criminal liability in the widely publicised case, which gained attention following Onigbogi’s arrest in July 2024.