The special offences and domestic violence court in Lagos has dismissed the no-case submission filed by Femi Olaleye, managing director of Optimal Cancer Care Foundation.
Olaleye is currently facing a two-count charge of defilement and sexual assault by penetration.
However, he pleaded not guilty to the charges levelled against him by the Lagos state government.
The cancer care advocate 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, Olusegun Fabunmi, lead counsel for the defence, 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 defendant even denied committing the offence. There is no prima facie case linking the defendant to the offence,” the counsel said.
“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, Babajide Martins, counsel to the state government, said the survivor identified the defendant as the person who allegedly asked her to perform sexual activities on him.
Rape: Court Dismisses Femi Olaleye’s No-case Submission
“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,” Martins said.
“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.”
Ruling on the no-case application, Ramon Oshodi, the presiding judge, dismissed the application, while directing the defendant to open his defense.
“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 judge ruled.
“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.