The ‘no case application’ filed by the embattled Dr Femi Olaleye, who is alleged to have sexually defiled his wife’s niece, has been dismissed by Justice Rahmon Oshodi of the Lagos Sexual and Domestic Violence Court Ikeja.
In his ruling, the trial Judge dismissed the application for lack of merit and asked the medical doctor to enter his defence.
Olaleye, is facing a two-count charge allegedly having unlawful sexual intercourse and sexual assault by penetrating her mouth with his penis, filed by the Lagos State Government. His offences contravene Sections 137 and 261 of the Criminal Law of Lagos State 2015.
Ruling on Olaleye’s application moved by the Defendant’s lead counsel, Mr Olusegun Fabunmi, SAN, the court held that it was inclined to agree with the prosecution witness and their testimony before the court.
Justice Oshodi said that he had studied all the exhibits in detail, and was constrained to consider the evidence before the court on a prima facie case and the credibility of the evidence.
He held that, “I have carefully listened to the submissions of both prosecution and defence. In this case, six witnesses testified for the prosecution and various exhibits were tendered in evidence.
“At this stage, I am not to decide whether the evidence presented is believed or not. I am not to decide the credibility or the way to attack the testimonies of the prosecution witnesses, but what I am obligated to do at this stage, is to decide whether something has been produced so far to prove this case worthwhile.
“I am inclined to agree with the prosecution, I do believe that the testimonies of the prosecution witnesses namely PW1 to 6 and the exhibits tendered thus far, have made it worthwhile to continue the trial.
“The no case submission is overruled, and accordingly, the Defendant is hereby called upon to open his defence.”
Earlier, Fabunmi, SAN in his ‘no case submission’ dated February 21,2023, argued that the prosecution has not provided sufficient evidence against the Defendant, to warrant him to enter a defence. He also submitted that the evidence of the prosecution was not sufficient to convict the Defendant .