The survivor of the alleged sexual abuse by the medical doctor of Optimal Cancer Care Foundation, Dr. Olufemi Olaleye has narrated how she was sexually abused while living with the defendant’s family on Wednesday.
The survivor who had turned 18, gave evidence before Justice Ramon Oshodi of the Lagos State Sexual Offences and Domestic Violence Court in Ikeja.
She was brought to court heavily guarded, wearing a face mask and ushered into the courtroom before she testified behind closed door.
This immediately took place following the application made by the lead prosecution counsel, Director of the Directorate of Public Prosecution, DPP, Dr. Babajide Martins who requested that the courtroom be vacated since the victim is a minor and for the protection of private life of the parties, in order to avert negative publicity.
The application was based on relevant sections of the1999 Constitution of Nigeria, as amended and the Administration of Criminal Justice Law, ACJL, 2021 as amended.
Such application was not opposed to by the defence team led by Babatunde Ogala, SAN, and Olusegun Famoriyo, SAN.
Dr. Martins had earlier prayed the court to strike out an application seeking for the victim to appear via virtual hearing to pave way for physical appearance of the victim.
Thereafter, the trial judge, Justice Oshodi granted the application thus, “I have carefully considered the request, alluding to constitution and ACJL 2021 as amended. I order that the court be vacated for closed session. The defendant is at liberty to nominate anybody to attend hearing.”
However, journalists and litigants were ordered out of the court, except for parties in the suit.
After her evidence, Mr. Ogala, SAN, informed the court of an application he filed with regards for review of bail earlier granted the defendant.
He asked the court to reduce his client’s bail to N10 million and that one of the sureties should be a family or a professional colleague.
This request for bail review was not opposed by the State prosecutor, Dr. Martins who said he left the application at the discretion of the court.
The judge in his ruling reduced the bail from N50 million to N40 million with two sureties in like sum.
Justice Oshodi ordered that the sureties must be property owners in Lagos State and that each property must be equal to the N40 million bail sum in value.
“I have carefully considered the affidavits evidence and written submission filed on behalf of the defendant. However, I do not agree that the bail term be varied on the terms dictated by defence.
” I consider the appropriate issue for determination as this court exercise its discretion in favour of the defendant by varying the bail condition in the ruling of November 30, 2022.
Recall that the state government had filed two counts charge against Olaleye for allegedly having unlawful sexual intercourse and sexually assault by penetrating the mouth of the 16 year old girl with his penis.
The offences contravenes Sections 137 and 261 of the Criminal Laws of Lagos State, 2015.
According to the Criminal Law of Lagos State 2015, Section 137 stipulates, “Any person who has sexual intercourse with a child commits a felony and his liable on conviction to imprisonment for life.
While Section 261 stipulates, “Any person who penetrates sexually the anus, vagina, mouth or any other opening in the body of another person with a part of his body or anything else, without the consent of the person commits a felony and liable on conviction to imprisonment for life.”
