An Ikeja Domestic Violence and Sexual Offences Court on Wednesday (today) granted N50 million bail to the Medical Director of Optimal Cancer Care Foundation, Dr Femi Olaleye, charged with the defilement of his 16-year-old wife’s niece.
Justice Ramon Oshodi admitted the defendant to ₦50 million bail with two sureties in like sum, following the adoption of the bail application by the defence and counter affidavit by the prosecution.
Justice Oshodi ruled that the sureties must possess landed properties in Lagos and the original documents of the properties must be submitted to the Chief Registrar of the court.
He also ordered 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 that the court orderlies should verify the residential addresses of the sureties.
The judge, however, ruled that the defendant be remanded in Ikoyi Correctional Centre pending the fulfilment of his bail conditions and adjourned the case till 19 December for the commencement of trial.
The defence lead counsel, Mr Babatunde Ogala, (SAN), while moving his bail application dated 24th November and filed on 25th, prayed the court to grant the defendant bail on liberal terms.
Ogala argued that the defendant has cancer patients who looked up to him for his services 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.
He said: ” I wish to say that the defendant, notwithstanding, is presumed innocent until proven otherwise. I wish to refer to a similar case of Olarewaju Jame. The charge is the same and the circumstances are 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 as 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 a liberal term,”
The prosecution team, led by the Director of the Public Prosecution (DPP), Dr Babajide Martins, in his counter affidavit dated 28th November, argued that the nature of the charge was serious enough because it attracts life imprisonment.
Dr 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 the 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 a need for the 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 of the fact that the defendant is a flight risk and must not interfere with the prosecution witnesses.
“He should also make himself available for trial,” the prosecutor said.
Oleleye is charged with a two-count charge of defilement and sexual assault by penetration. He, however, pleaded not guilty to the charge.
