By Adenike Lawal

In a landmark legal ruling, the Lagos Division of the Appeal Court has overturned the conviction of Dr. Olufemi Olaleye on charges of defilement and sexual assault by penetration.

This judgment follows a previous conviction by Justice Rahman Oshodi of the High Court of Lagos State on October 24, 2023.

The Appeal Court’s decision, delivered on Friday, marks a significant turning point in this high-profile case.

The appeal, heard on September 24, 2024, was led by Dr. Kemi Pinheiro, SAN, with a team of lawyers representing Dr. Olaleye.

The three-member panel, presided over by Hon. Justice Jimi Bada, unanimously ruled in favor of the appellant, resolving all five issues raised by the defense team.

A key element of the court’s ruling was the prosecution’s failure to conclusively establish the age of the alleged victim.

The court pointed out that determining whether the victim was underage, specifically 16 years old, could not be definitively determined based solely on visual observations made during testimony.

The Appeal Court also criticized the trial court for admitting statements allegedly made by Dr. Olaleye without conducting a trial-within-a-trial to determine whether the statements were made voluntarily.

The court found this oversight to be detrimental to the prosecution’s case, particularly as Dr. Olaleye had claimed that the statements were obtained under duress.

Additionally, the court highlighted the lack of credible evidence from the prosecution’s six witnesses. Mrs. Aderemi Olaleye, who testified against her husband as PW1, was deemed a “tainted witness.”

The court noted that her testimony was likely motivated by financial gain and her desire to take control of Dr. Olaleye’s assets while he was incarcerated.

The medical testimony presented during the trial was also called into question by the Appeal Court, which deemed it unreliable and impeached.

In addressing concerns about judicial conduct, the court expressed serious reservations about the trial judge’s level of involvement, suggesting that it may have compromised the fairness and impartiality of the trial.

Based on these findings, the Lagos Division of the Appeal Court acquitted and discharged Dr. Olufemi Olaleye, overturning his previous conviction and highlighting significant procedural flaws in the handling of his case at trial.

This ruling not only underscores critical issues regarding evidentiary standards in sexual assault cases but also raises important questions about judicial practices and witness credibility in high-profile legal battles.

By Adenike Lawal

In a significant turn of events in a murder case, Oluwatosin Onamade, the complainant, has strongly opposed a plea bargain agreement approved by the Lagos State Ministry of Justice.

The agreement involves five defendants accused of murdering Onamade’s assistant in Ikorodu, Lagos State.

The case, which has attracted widespread attention due to its violent nature, raises concerns about the fairness of legal processes in the region.

During a court session on Monday, Onamade voiced his dissatisfaction with the plea bargain negotiations, which he claims took place without his involvement.

Speaking before Justice Hakeem Oshodi at the Lagos High Court in Ikeja, Onamade expressed his frustration at not being consulted during discussions between the Attorney-General of Lagos State, Lawal Pedro (SAN), and the defendants.

His objections underscore concerns about transparency and the perceived lack of fairness in the handling of the case.

The five defendants—Atunrase Sodiq Omolabi, Shittu Michael Olawale, Olaide Opeifa, Olanrewaju Adebiyi (also known as Maja), and Jamiu Omosanya (known as Orobo)—are facing serious charges, including murder and attempted murder, in relation to the death of Ifeanyi Etunmuse at Western Funeral Home, owned by Onamade.

It is also alleged that the defendants caused severe injuries to Femi Onamade, Oluwatosin’s brother.

When the defendants were first arraigned, they all pleaded not guilty to a comprehensive seven-count indictment, which includes charges of murder, attempted murder, grievous bodily harm, willful damage to property, unlawful society (cultism), breach of peace, and conspiracy to commit a felony.

At the recent hearing, prosecutor Michael Adewoye informed Justice Oshodi that he had received an application for a plea bargain from the defense counsel representing four of the defendants.

This application, Adewoye said, had already been approved by the Attorney-General.

He also noted that a formal letter confirming the approval had been sent to the defense counsel, but the specific terms of the agreement would be discussed at a later date.

Defense attorney Olanrewaju Ajanaku confirmed receipt of the plea bargain application, adding that terms of the agreement would be negotiated with the prosecution.

Meanwhile, Mahmood Adesina (SAN), representing one defendant, requested that the trial continue without delay.

Justice Oshodi acknowledged Onamade’s commitment to seeking justice but pointed out that his authority as a judge did not extend to overturning an approved plea bargain.

He explained that such decisions are beyond his jurisdiction. As a result, the judge adjourned the proceedings until January 25, 2025, allowing both parties time to consult on the plea bargain terms while ensuring that trial preparations continue.

The Ogun State Government has condemned the actions and allegations of Hon. Ladi Adebutu, describing them as a desperate attempt to distract from his own role in orchestrating electoral violence during the recent local government elections.

Speaking through the Special Adviser to the Governor on Media and Strategy, Hon. Kayode Akinmade, the government, refuted Adebutu’s claims that Governor Dapo Abiodun used armed personnel to intimidate voters, labelling them as baseless fabrications.

Akinmade asserted that Adebutu’s statements were an attempt to shift blame and disguise his own culpability in a series of violent incidents.

Governor Abiodun, widely respected for his peaceful demeanour and commitment to law and order, conducted himself with the utmost integrity on election day, voting peacefully and returning home immediately afterwards.

The governor later travelled to Ondo State, leaving no room for the allegations of intimidation or violence levelled against him.

In stark contrast, Adebutu has been accused of importing 40 policemen from MOPOL 49 in Lagos, an act that blatantly violated electoral laws.

These officers, allegedly acting under Adebutu’s orders, collaborated with armed thugs to disrupt polling stations, snatch ballot boxes, and terrorize voters.

Among the victims of these violent tactics was Hon. Muhammed Olaitan Efuwape, Vice Chairman of Ikenne Local Government, who was shot alongside another voter at a polling unit.

Enraged voters reportedly chased the rogue officers, who sought refuge in Adebutu’s compound. Rather than cooperating with law enforcement, Adebutu allegedly aided their escape, obstructing justice and further implicating himself in the day’s chaos.

Akinmade did not mince words in his criticism of Adebutu, describing him as a “drowning man” whose political career is on a downward spiral.

“This individual is trying to assume the role of the Chief Security Officer of Ogun State, and that is impossible,” Akinmade said, urging Adebutu to turn himself in to law enforcement authorities.

He further lambasted Adebutu for spreading “wicked lies” and fostering division, accusing him of a history of falsehoods, including his failed legal challenges to Governor Abiodun’s election victory.

“As a professional clown whose own running mate said he would have been a disaster as governor, Adebutu has consistently spun tales to mask his political failings,” Akinmade stated.

The government’s stance highlights the stark contrast between Governor Abiodun’s leadership, characterized by peace and progress, and Adebutu’s tactics, which Akinmade described as dangerous and divisive.

Under Abiodun’s administration, Ogun State has enjoyed unprecedented political stability, making the violent disruptions allegedly orchestrated by Adebutu even more alarming.

Akinmade emphasized the need for accountability, stating, “It is in Adebutu’s best interest to cooperate with law enforcement officers by turning himself in, rather than trying to exonerate himself from the mayhem unleashed on the peace-loving residents of Iperu.”

The Ogun State Government reiterated its commitment to upholding democracy and ensuring that those who attempt to undermine it face the full weight of the law.

Akinmade’s statements serve as a clear warning against any attempt to destabilize the state’s democratic processes for personal or political gain.

As Ogun State residents continue to witness development and unity under Governor Abiodun’s leadership, the government called on the public to reject divisive rhetoric and remain steadfast in their support for leaders who prioritize the collective good over selfish ambitions.