An Ikeja Sexual Offences and Domestic Violence Court, on Thursday, dismissed the no-case submission application of the medical doctor of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, currently being prosecuted for allegedly defiling his wife’s niece.

Justice Rahmon Oshodi threw out the application for lacking merit and asked him to enter his defence.

The state government had filed two counts against Olaleye for allegedly having unlawful sexual intercourse with his wife’s 15-year-old niece.

He allegedly committed the offence between March 2020 and November 2021.

The offences are said to contravene Sections 137 and 261 of the Criminal Laws of Lagos State, 2015.

When he was arraigned in December 2022, he pleaded not guilty to the charges preferred against him.

On the last adjourned date February 10, the state Director of Public Prosecution, Dr Babajide Martins, had told the court that the team was closing its case following the conclusion of evidence presented through all its witnesses.

The defendant’s lawyer, Babatunde Ogala (SAN), informed the court that the defence would be filing a no-case submission.

The case was adjourned till Thursday for the adoption of written addresses.

At the resumed hearing of the proceedings on Thursday, Justice Oshodi who ruled on the application moved by the defendant’s counsel, Mr Olusegun Fabunmi (SAN), held that he was inclined to agree with the prosecution witness and their testimony before the court.

“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,” the judge said.

Earlier, Fabunmi in his no-case submission dated February 21, 2023, argued that the prosecution had not provided sufficient evidence against the defendant to warrant him to enter his defence.

In his response to the defence argument, the DPP submitted that the prosecution had called six witnesses including the victim to testify in the case.

He, therefore, urged the court to dismiss the defendant’s application and ask him to enter his defence.

The case was adjourned till March 29, 2023, for the defence to open its case.

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