Nov. 30, 2023
An Ikeja Sexual Offences and Domestic Violence Court on Wednesday admitted the Medical Director of Optimal Cancer Care Foundation, Dr Femi Olaleye, charged with alleged defilement of his 16 year-old wife’s niece to bail in the sum of N50 million.
Justice Ramon Oshodi admitted the defendant to bail with two sureties in like, following the adoption of bail application by defense and counter affidavits by prosecution.
Ramon ruled that the sureties must have landed properties in Lagos and the original documents of the properties must be submitted to the chief registrar of the court.
He also said that the defendant must submit his British, Nigerian and other international passports in his possession to the chief registrar of the court.
The judge further ordered the court audile to verify the residential addresses of the sureties.
Ramon, however, ruled that the defendant be remanded in Ikoyi Correctional Centre pending when he meets the conditions of the bail.
The judge adjourned the case until Dec. 19 for commencement of trial.
The defence lead counsel, Mr Babatunde Ogala, SAN, while moving his bail application dated dated Nov. 24 and filed on 25, prayed the court to grant the defendant bail on liberal term.
Ogala argued that the defendant had had cancer patients who looked up to him for his service and would not be productive if remanded in prison.
He also urged the court to use its discretion to grant the defendant bail adding that he appeared voluntarily in court after he had been served.
”I wish to say they the defendant, not withstanding, is presumed innocent until proven otherwise. I wish to infer to a similar case of Olarewaju Jame. The charged were the same and the circumstances were the same.
“Even in the case of Nnamdi Kalu, who was charged with treason, the court still used its discretion and granted him bail
“The defendant has reliable sureties who are his professional colleagues, willing and ready to put their profession on the line to stand ad sureties for him.
“He has a leading cancer NGO and he has patients who look up to him.
“In view of this my lord, we urge this honourable court to grant the defendant bail on liberal term,”
The prosecution team, led by the Director of the Public Prosecution (DPP,) Dr. Babajide Martins, in his counter affidavit dated Nov. 28, argued that the nature of the charge was serious enough because it attracted life imprisonment.
Martins argued that the complainant was the first wife of the defendant while the nominal complainant was the niece of the wife.
“My lord, what the prosecution is concerned about is the defendant has capability to travel at very short notice. We urge the court to have the defendant submit his Nigerian passport and British Passport well in the interest of Justice.
“More importantly my lord, there is need for defence to present exceptional circumstances for the court to grant the defendant bail.
“If my lord is kind enough to grant him bail, we urge the court to be mindful that the defendant is not at flight risk and does not interfere with the prosecution witnesses.
“He should also make himself available for trial,” the prosecutor said.
Oleleye was charged with a two-count charge of defilement and sexual assault by penetration.
He, however, pleaded not guilty to the charge.
Th prosecution submitted that the the defendant allegedly defiled the survivor by having unlawful sexual intercourse with her.
The defendant was alleged to have committed the offence between February 2020 and November 2021 on Layi Ogunbambi Close, Maryland, Lagos.
It was alleged that the defendant sexually assaulted the survivor by penetrating her mouth with his penis.
According to the prosecution, the alleged offence contravened Sections 137 and 261 of the Criminal Laws of Lagos State, 2015.