Justice for some, injustice for all

Dr Femi Olaleye, founder of Optimal Cancer Care Foundation in Lagos, was sentenced on October 24 to life imprisonment for sexual abuse of his wife’s niece.

The judge, Rahman Oshodi of the Ikeja Sexual Offences and Domestic Violence in Lagos, found the doctor guilty of the two count charge against him. 

Olaleye was arraigned on a two-count charge of defilement and sexual assault by penetration of his wife’s niece, offences which he was alleged to have committed between March 2020 and November 2021 and was arraigned on November 30, 2022 where he pleaded not guilty to the offences.

The judge ruled that the prosecution team was able to prove beyond reasonable doubt counts one and two filed against the defendant.

Delivering his judgement the judge said: “The sexual abuse came with a threat. The defendant had groomed the prosecutory (referring to the survivor) with pornography.  The prosecutory did not consent and did not willingly suck his penis,” the judge said. 

“I’m satisfied with prosecutory’s evidence that the defendant had sex with her and inserted his penis in her mouth and ejaculated.

“I believe the prosecutory that he forced her to suck his penis. I believe that the first time he had sex with her, blood gushed out of her vagina. Her evidence greatly implicates the defendant,” he added. 

The defendant had earlier told the court that his wife was motivated to accuse him for financial gains and other properties they had owned together along with custody of their two children. 

The judge however ruled that: “The defendant said his wife was motivated by financial gains, including taking the family home in Maryland, Lagos, Mercedes Benz, money in their joint account and custody of their two children.

“Let me immediately say that these issues will not deflate the evidence of the prosecution on the issues before the court. The issue is this – did the defendant have sexual intercourse with the prosecutory and force her to suck his penis? The answer is yes.”

The judge ruled that the prosecutor had established that the survivor was a child (16 years as at year of abuse) by the 2015 Child Rights Law of Lagos State. 

 “I, therefore, feel satisfied that the prosecutor has established that (a) the prosecutory was a child by section 261 of the Child Rights Law of Lagos state 2015, the defendant had sexual intercourse with her by putting his penis in her vagina, the defendant also forced his penis into her mouth and ejaculated,” the judge ruled.

“I must conclude that the prosecution has established counts one and two against the defendant beyond reasonable doubt. I, therefore, find the defendant guilty as charged.

“Femi Olaleye, I have convicted you of defilement and sexual assault by penetration. This charge has a mandatory sentence of life imprisonment. Accordingly, I sentenced you to life imprisonment on count one and two. On each count, the sentencing will run concurrently,” he ruled.

The judge further directed that the defendant’s name be added to the sexual offenders register of Lagos State. 

Background Story

In 2022, Dr Femi Olaleye, a medical practitioner and founder of Optimal Cancer Care Foundation was accused of sexual abuse and defilement of a minor who was his wife’s niece for about one-year-nine-months.  

His wife, Aderemi Olaleye, who reported the case to the police and was also a witness against the defendant told the court last year that her husband had allegedly introduced her niece to pornographic content and oral sex.

A child forensic examiner, Olabisi Ajayi-Kayode, also told the court that the survivor was groomed into “serial sexual activities” by the defendant. 

“She (referring to the survivor) was groomed into serial sexual activities by her aunt’s husband (Olaleye). The child informed me that her aunt’s husband asked her about her virginity.

“And he told the child that virginity is no longer in vogue and that as a medical doctor, he usually covers up for girls who have lost their virginity or gotten pregnant,” Ajayi-Kayode told the court. 

The prosecution presented seven witnesses. But one was “withdrawn.”

The witnesses were, Aderemi, the defendant’s wife, the survivor, (identity undisclosed); a child forensic specialist; Bisi Ajayi-Kayode, a police inspector, Esther Igbineweka; a medical examiner, Akinbunmi Oyebimpe and Abe Leonard; a police officer.

Tinubu and the Supreme court 

Meanwhile, it is no longer news that the supreme court of Nigeria had upheld the victory of Bola Ahmed Tinubu as the President of Nigeria in the February 2023 elections.

Upholding the judgement of the Presidential Election Petition Tribunal PEPT, the apex court ruled that the appeal lacked merit and therefore was dismissed.  

“There is no merit in this appeal, and it is hereby dismissed,” said presiding judge, John Okoro.

The two major opposition parties had filed an appeal on the grounds of fraud, certificate forgery which is a crime under law and electoral law breaches after the PEPT affirmed the results announced by INEC. 

Having battled the originality of the certificate from The Chicago State University submitted to the Independent National Electoral Commission (INEC) by Tinubu in a US court, the apex court said it could not accept new evidence in the appeal. 

With number of evidences against President Tinubu ranging from being indicted for drug trafficking while living in Chicago and US government statements confirm that Tinubu forfeited $460,000 in 1993 over links to a drug trafficking syndicate, but he was not convicted.

To certificate forgery, conflicting identity, inconsistency in his credentials and several breach in the electoral law yet, the seven-member Judges at the apex court found non convincing enough. 

Do we still have hope in the judicial system of the country? Justice is marred by so-called technicalities to please a group of people while the masses look hopelessly. Is justice for all or just for some?