PROSECUTION PRESENTS SURVIVOR AS SECOND WITNESS IN SEXUAL ASSAULT TRIAL AGAINST DR. OLALEYE

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By Aishat Momoh. O.

…….. Defence sought variation of Bail conditions for Dr. Olaleye

On Wednesday, the alleged sexual assault of a minor trial against Dr. Femi Olaleye, the Managing Director of Optimal Care Clinic continued at the Special Offences and Domestic Violence Court sitting in Ikeja.

During the proceedings, the minor (name witheld) who was allegedly assaulted testified against the Doctor, who is facing a two-count charge of defilement of a child and sexual assault by penetration. before Justice Ramon Oshodi.

The doctor is accused of sexually assaulting his wife Aderemi Olaleye’s niece for over 18 months.

Recall that on the previously adjourned date, the Cancer Advocate’s wife, Aderemi Olaleye, was present before the court as first witness in the trial.

However at the resumed hearing on Wednesday, Dr. Babajide Martins, the Lagos State Director of Public Prosecution, told the court that his team sought to present two witnesses, which was the survivor and a psychologist.

Martins requested that the court only permit the parties’ counsel to witness the survivor’s testimony and bar other parties, citing Section 36(4)a of the 1999 Constitution (as amended) adding that, although the survivor is now 18 years old, it is necessary for the court to consider the protection of her private life. “protection of the private lives of the parties and that publicity would be contrary to the interests of justice” by excluding other parties from the hearing.

Section 36(4)a of the 1999 constitution states: “a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice.”

While supporting the application, Babatunde Ogala, the defense counsel, didn’t object to the submission made by the prosecution.

The presiding judge, Rahman Oshodi, ruled that the court had entered a closed session.

Following the decision, the court asked the media and other participants to leave so the survivor could describe her ordeal.

To put things in perspective, the survivor, who is now 18 years old, was 15 years old when the alleged sexual abuse was allegedly perpetrate meted out against her.

The survivor testified before the court, and shortly after, the court resumed for an open session.

Ogala requested a modification of the bail terms Olaleye, had been given on November 30, during the hearing.

The defense counsel contended that the defendant is still being held at the correctional facility because he is unable to comply with the court-mandated terms of his release on bail.

Ogala pleaded with the judge to impose the “most lenient bail restrictions” so that the defendant could adhere to the bail requirements.

The judge rejected the application, stating that the bail restrictions shouldn’t be altered based on the terms recommended by the defendant’s counsel.

Justice Oshodi, contended that the court had the discretion to vary the terms of a bail agreement.

In addition to two sureties with N40 million, titles to two landed properties in Lagos, evidence of gainful employment, three-year tax clearance, and valid national identification credentials, the judge modified the earlier bail requirements.

According to Oshodi, the landed properties must be worth at least as much as the bail amount, and the titles must be verified by the court clerk.

He also, asked Olaleye, to submit his international passport, British passport and all travel documents to the court clerk.

The case was thereafter adjourned to January 3 and 4, 2023 for the continuation of trial.