LAGOS — The Lagos State Directorate of Public Prosecutions, DPP, has cleared former Executive Director of ARM Pension Managers Ltd, Mr. Abisola Onigbogi, of the rape allegation made against him by a female colleague, citing lack of credible and conclusive evidence.
In a detailed legal advice dated October 1, 2024, and signed by the Director of Public Prosecutions, Dr. Babajide Martins, on behalf of the Lagos State Attorney-General and Commissioner for Justice, the DPP stated that a thorough review of the police investigation revealed no prima facie case against Onigbogi.
“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 advice read.
No evidence of conspiracy or drink spiking
The DPP also dismissed allegations of conspiracy against Onigbogi and two female colleagues, Ms. Oluyori Damilola and Ms. Fransisca Azie, who were accused of incapacitating the complainant by allegedly spiking her drink during an office party.
“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 DPP stated.R
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What happened at the hotel
Regarding the complainant’s allegation that she was raped in a hotel room after the party, the DPP confirmed that CCTV footage established that she and Onigbogi were in the room together for about one and a half hours. However, the footage did not show what transpired inside.
“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 report noted.
No conclusive forensic or medical evidence
The legal advice further underscored major gaps in the investigation, including the absence of forensic and toxicological tests that could have corroborated the complainant’s claims.
“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 observed.
According to the legal opinion, the lack of scientific proof and the inconclusive nature of the medical findings meant that any attempt to prosecute would be speculative and unfair.
“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,” it concluded.
DPP orders release
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 DPP stated.
The legal advice, therefore, clears the ex-ARM Pension executive and his colleagues of any criminal liability in the widely publicised case, which had generated intense social media debate following Onigbogi’s arrest in July 2024.
The DPP’s decision marks a significant turn in the matter, reinforcing the principle that criminal allegations must be proven beyond reasonable doubt — and that mere suspicion, however strong, cannot replace concrete evidence in criminal prosecution.
