An Osogbo Senior Magistrates' Court on Wednesday struck out a case of homosexuality brought against one Ojo Akinyemi, 35, for want of prosecution.
The Police Prosecutor, Sgt. Joshua Oladoye, alleged that the accused on April 7 about 6:30 p,m, at No 7, Iroye St. Ilesa, had carnal knowledge of a 12-year-old-boy(name withheld).
Oladoye told the court that the offence was contrary to, and punishable under Section 214 (1) of the Criminal Code Cap 34 Vol. 11 Laws of Osun, 2003.
The accused was arraigned on April 13 and had been in prison custody until Wednesday when the case came up for hearing.
The prosecutor, however, failed to call any witness or offer evidence.
The counsel to the accused, Miss Folashade Ipede, prayed the court to discharge her client on the ground that the prosecutor could not produce any evidence to prove that the accused committed the offence.
Senior Magistrate Olusola Aluko upheld the prayer of the defence counsel and discharged the accused.
He struck out the case for want of prosecution.