An Ogbeson Chief Magistrates’ Court in Benin, on Friday, discharged one Mike Aibueku, 52, of an alleged attempted sexual conduct with a man.

The Chief Magistrate, Mutairu Oare, dismissed the charge following the prosecutor, Insp. Charity Asemota’s request for withdrawal of the charge against the defendant.

At the resumed hearing of the case on Friday, Asemota urged the court to dismiss the case as the complainant, Mr. Omele Friday, had applied for the withdrawal of the charge against the defendant.

The prosecutor had arraigned the defendant on a two-count charge of attempt to commit an unnatural offense and conduct himself in a manner likely to cause a breach of the peace.

Asemota alleged that on June 2, along Benin-Agbor Road, Benin, the defendant attempted to have carnal knowledge of the complainant.

The prosecutor also alleged that the defendant conducted himself in a manner likely to cause the breach of the peace by “giving the complainant his breast to suck’’.

The prosecutor said the offense contravened sections 215 and 249(D) of the Criminal Code of the defunct Bendel State of Nigeria, 1976, now applicable to Edo.

For a convicted offender, the first count charge attracts seven years imprisonment while the second attracts one month.

However, the defendant pleaded not guilty to the charges.