Wale Igbintade
The scheduled arraignment of 57-year-old Medical Doctor, Dr. Olufemi Olaleye, over the alleged defilement of his wife’s 15-year-old niece, before an Ikeja Sexual Offences and Domestic Violence Court, was stalled yesterday due to absence of the defendant.
When the matter was called, Lagos State Prosecuting Counsel, Mr. Oluwagbenga Alagbe, informed the court that the matter was for the arraignment of the defendant.
Alagbe told the court that the prosecution had done the needful in a letter dated November 18 that was sent to the defendant, and the Investigation Police Officer (IPO), to notify all parties of the arraignment.
Alagbe said: “A letter was sent to the defendant and it was duly acknowledged which could be regarded as Exhibit A. We equally sent a letter to the complainant and the IPO, but unfortunately the defendant is not here.
“In view of the circumstance, we shall be asking for a bench warrant against the defendant.”
In his response, the Defendant’s Counsel, Mr. Babatunde Ogala (SAN), leading Mr. Olusegun Fabunmi (SAN), told the court that the defendant was out of town and has not been served with the information contained in the charge.
Ogala said: “The defendant is out of town and has not been served. What the law says is that we should be given a clear three days to be served but that was not done. It is true a letter was also sent to Mr. Fabunmi.
“So why ask for a bench warrant for a man who has neither jumped bail nor refused to appear, is not running anywhere, if he was in Lagos, he will be here.
“We ask for a date for arraignment to be done. Even when there is no service but we are here on his behalf.
“My lord, we got to know of today’s arraignment through a letter sent to the office of the defendant that does not contain the charge, it is out of respect for the court that we appear to represent our client who has not been served.
“As at the time the letter was sent to his office he was out of town. How can somebody that doesn’t know what he is being charged for appear before the court,” he said.
However, Justice Ramon Oshodi, asked the lead defence counsel if he could receive service in court.
Ogala said since we are in court, we would receive service.
After confirming service in the court, he asked the court for an adjournment to enable the defendant appear for his arraignment.
Consequently, Justice Oshodi adjourned till November 30, for the defendant to take his plea.
Olaleye is being charged with two-count charges bordering on the defilement of a child and sexual assault by penetration preferred against him by the Lagos State Government.
The defendant allegedly committed the offence sometime between February 2020 and November 2021.
The offence allegedly took place at No 17, Layi Ogunbambi close, Maryland, Lagos state.
The alleged offences contravened Sections 137 and 261, of the criminal law of Lagos State 2015.
