Admin I Wednesday, 21 December 2022
IKEJA, Lagos – Managing Director of Optimal cancer care foundation, Dr. Femi Olaleye, who allegedly raped and sexually abused Beauty X(not her real names) when she was 16 year old has secured a favourable bail condition.
Justice Rahmon Oshodi of the Lagos State Sexual Offences and Domestic violence court today varied his bail condition from N50 million to N40 million with sureties in like sum.
On Monday, Aderemi Fagbemi Olaleye had testified in court, accusing her husband of defiling the then-minor, who’s her second cousin, between December 2019 and July 2022. Mrs Olaleye said she got to know about the alleged crimes after her cousin confessed to her aunt and the family’s driver.
At the resumption of the hearing on Wednesday, the Director of Public Prosecutions, Babajide Martins prosecuting the case on behalf of the Lagos State government, called up the alleged survivor to testify.
But, he applied to the court for the courtroom to be cleared to enable her testify in privacy. The DPP cited 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 her welfare.
In his response, Lead defense counsel, Babatunde Ogala (SAN) said though the witness has attained adulthood, he would not object to the application on the basis of morality.
In his ruling, Justice Oshodi ordered that the courtroom be closed to the public, including journalists, and asked the defense to nominate anybody to attend the hearing.
After the closed testimony, the defense counsel applied for a variation of the bail conditions which the court granted to the defendant on November 30, 2022. The court at that sitting had granted bail in the sum of fifty million naira, with two sureties in like sum 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 senior advocate of Nigeria argued that it was difficult for the defendant to fulfil those conditions, which had warranted his continued remand at the Nigerian Correctional Centre, Ikoyi. He also told the court that the situation had made it difficult for the legal team to meet with the defendant easily and prepare adequately for his defense.
Mr Ogala (SAN) urged the court to grant the defendant bail in the sum of ten million naira and for one of his sureties to be a relative or professional colleague.
Upon no objection by the prosecution, the judge noted that in line with its discretionary powers to vary the bail conditions, doing so wouldn’t result to injustice. But the court said it wouldn’t adopt the bail conditions, “imposed by the defense.”
While granting the Defendant’s application, the court varied the bail conditions by handing down N40 million bail bond, with two sureties in like sum. The sureties 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 traveling And British passports.
The Lagos State government arraigned Dr. Olufemi Olaleye 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.
Trial opened on Monday, December 19 with the evidence of the defendant’s wife. Further hearing is fixed for January 3 and 4, 2023.