Alleged Survivor Testifies In Charge Against Lagos-Based Doctor, Olaleye

•As Judge Orders Closure Of Court Against Journalists, Public 

An Ikeja Sexual Offences and Domestic Violence Court, presided over by Justice Rahmon Oshodi, on Wednesday ordered that his courtroom be closed to members of the public, including journalists, and asked the defence to nominate anybody to attend the defilement trial against the Managing Director of Optimal Cancer Care Foundation, Dr. Femi Olaleye.

The judge arrived at the decision, after counsel to the Lagos State government, Babajide Martins, prayed the court to put into consideration the provision of Section 36(6)(a) of the 1999 Constitution (as amended), which mandates a court to disallow members of the public from being present in the courtroom in the interest of the welfare of the alleged survivor.

However, in his response, the lead lawyer for the defence and Senior Advocate of Nigeria (SAN), Babatunde Ogala, said, though the witness has attained adulthood, he would not object to the application based on morality.

The 18-year-old survivor, whose names are withheld to protect her identity, arrived at the court with her face covered with a shawl in the company of some family members, including the wife of the defendant who filed the complaint against him.

She had attended the day's proceedings, apparently to testify before Justice Oshodi.

It would be recalled that during last Monday's proceedings, Mrs. Aderemi Fagbemi Olaleye had testified against her husband, insisting that he defiled the then-minor who is her second cousin, between December 2019 and July 2022. 

According to Mrs. Olaleye, she got to know about the alleged crimes after her cousin confessed to her aunt and the family’s driver. 

Meanwhile, after the close of testimony, Ogala applied for the variation of the bail conditions that the court had earlier granted to the defendant on November 30, 2022. Justice Oshodi had granted bail in the sum of N50m, with two sureties in like sum and who are to deposit their original title documents of landed properties in Lagos State, file an affidavit of means, and produce evidence of payment of income tax within the past 3 years.

The SAN had argued that it was difficult for the defendant to fulfill those conditions, which had warranted his continued remand at the Nigerian Correctional Centre, Ikoyi. 

Ogala equally stated that the situation had made it difficult for the legal team to meet with the defendant easily and prepare adequately for his defence. 

The SAN urged the court to grant the defendant bail in the sum of N10m and for one of his sureties to be a relative or professional colleague.

As a result of the no-objection posture of the prosecution, Justice Oshodi noted that in line with its discretionary powers to vary the bail conditions, doing so wouldn’t result in injustice.

The judge then adopted the bail conditions, “imposed by the defence.”

In granting the defendant’s application, Justice Oshodi varied the bail conditions by handing down a N40m bail bond, with two sureties in like sum. 

The sureties, according to the judge, are to deposit original title documents of their properties which must be located in Lagos State, and they are to file an affidavit of means, and produce evidence of payment of income tax within the past three years, while the defendant is to deposit his travelling and British passports.

Dr. Olufemi Olaleye was arraigned by the Lagos State government on November 30, on a two-count charge of alleged defilement of a child and sexual assault by penetration, which he pleaded not guilty to.

The trial opened on Monday, December 19, with the evidence of the defendant’s wife.

The case has been adjourned until January 3 and 4, 2023.

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