Special Offences and Domestic Violence court in Lagos State, Southwest Nigeria has dismissed the no-case submission filed by the Managing Director of Optimal Cancer Care Foundation, Femi Olaleye.
Gatekeepers News reports that Olaleye is currently facing a two-count charge of defilement and sexual assault by penetration.
However, the Cancer Care Advocate pleaded not guilty to the charges levelled against him by the Lagos state government.
He was accused of sexually violating a minor, said to be his wife’s niece, for over 20 months.
At the resumption of the hearing on Thursday, lead counsel for the defence, Olusegun Fabunmi, argued that the prosecution had not provided sufficient evidence against the defendant to warrant him to enter a defence.
Fabunmi said there was no time that the defendant was caught engaging in the alleged crime.
The counsel said, “The defendant even denied committing the offence. There is no prima facie case linking the defendant to the offence.
“In the first instance, the survivor did not state that the offence was committed, it was afterthought.
“We want the court to look at the testimony of pw6, the police officer, who said that the survivor did not produce the medical report at the time she alleged the offence was committed.”
On his part, counsel to the state government, Babajide Martins said the survivor identified the defendant as the person who allegedly asked her to perform sexual activities on him.
Martins said, “There is no doubt about the identity of the defendant as the survivor gave an account of how she was asked to suck the defendant’s sexual organ.
“The issue that PW2 (survivor) does not know when the incident happened does not arise. The testimony of the survivor corroborated what the prosecution alleged the defendant of.
“Even when the survivor was cross-examined by the learned silk, she informed the court that her defilement was during her menstrual cycle.
“That indicates that the survivor knows her menstrual time. The survivor said that the defendant usually came when the children were asleep.
“We humbly urge the court to dismiss the application of the defendant and ask him to enter his defence.”
THE COURT VERDICT
The presiding judge, Ramon Oshodi, while ruling on the no-case application, dismissed the application, and directed the defendant to open his defense.
The Judge ruled, “I am inclined to agree with the prosecution and I do believe that the testimonies of the prosecution witnesses namely pw1 to pw6, and the exhibits tendered thus far have made it worthwhile to continue the trial.
“The no-case submission is hereby overruled, and accordingly, the defendant is hereby called upon to open his defense.”
The case was adjourned till March 29 for the continuation of the trial.
