ALLEGED DEFILEMENT: COURT DISMISSES DR.OLALEYE'S NO-CASE SUBMISSION, FIXES MARCH 29 TO OPEN DEFENSE

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By Aishat Momoh. O.

The Lagos State Special Offences court has fixed 29th March, 2023 for Dr. Olaleye to open defence in the alleged sexual assault case against him for defiling his wife’s niece.

Justice Ramon Oshodi, fixed the date on Thursday, after dismissing the no-case submission filed by the defense team on 21st of February, 2023. The defense filed a no-case submission to urge the court to dismiss and discharge the defendant.

He said, “Accordingly, the no-case submission is hereby overruled. The defendant is now called upon to open his defence under Section 246,”.

The judge said the prosecution team has presented six witnesses and evidence but he cannot rule based on the evidence provided.

“At this stage, I am not to decide whether the evidence presented is believed or not. I am not to decide the credibility of the testimonies of the prosecution witnesses.”

“What I am obligated to do at this stage is to consider whether the evidence is reliable, then I can look at it candidly.”

According to the Defence counsel, Olusegun Fabunmi, SAN, who represented the Doctor, the evidence presented by the prosecution was not sufficient and reliable to continue the trial.

He argued that the survivor was not present for medical examination as at the time the incident happened and she was taken to the hospital five months after she had become an “adult.”

“Our point my lordship is that you should look at the testimony of PW6, the police officer clearly stated that the survivor was not produced for medical examination at the time,” Mr Fabunmi

“Why was the survivor not produced? Why wait for five months after she has become an adult to conduct a medical examination which is not enough against the defendant,” Mr Fabunmi said.

“We urged your lordship to dismiss the no-case submission and discharge the defendant.”

Meanwhile, the prosecution team led by the Director of Public Prosecutions (DPP), Dr. Babajide Martins, said that the survivor could identify the defendant.

He added that the evidence of PW6 and exhibits tendered before the court demonstrates that the defendant has a case to answer.

He argued that the testimony of the doctor should be admitted because she was examined at Mirabel Centre and a doctor will not visit the survivor at their residence.

“There is no doubt about the identity of the defendant as the survivor gave account of how she was asked to suck the defendant’s penis,” Mr Martins said.

He added that the survivor had already told the court during cross-examination that the defendant “knows her time of menstrual cycle.”

“PW2 (Survivor) gave an accurate description of the incident and she said the defendant comes into the bedroom to defile her when the children and aunty are not in the room.”

Mr Martin said the survivor was not below 14-year old when the incident happened and she was examined by medical expert.

He stated that the defence counsel claimed that there are more witnesses and evidence to be provided.

He added that the judge will consider the credibility of the witnesses based on the provisions of the law

Dr. Martins however, urged the court to call on the defendant to open his defence.

“We urge the court to dismiss the application of the defendant and allow the defendant to enter his defence,” Mr Martins said.

After listening to the arguments, Justice Oshodi, adjourned the case till March 29 for continuation of the trial.