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Lagos Heads To S’Court Over Judgment Nullifying Femi Olaleye’s Rape Conviction
The Lagos State Government has filed an appeal before the Supreme Court to challenge the Court of Appeal’s decision that overturned the conviction of Femi Olaleye, a medical doctor and managing director of the Optimal Cancer Care Foundation, for the defilement of his wife’s niece.
In October 2023, Olaleye was convicted by the Lagos State Special Offences and Domestic Violence Court on two counts of defilement of a child and sexual assault by penetration.
The charges were brought against him by the state’s Ministry of Justice in November 2022.
But, on November 29, 2024, the Court of Appeal acquitted Olaleye, citing errors in the lower court’s judgment.
The appellate court held that the evidence presented by the prosecution was “tainted” and “unreliable,” leading to the overturning of his conviction.
In response to this ruling, some Civil Society Organisations piled pressure on the state government to appeal the decision.
They petitioned the Lagos State Attorney General, Lawal Pedro (SAN), urging the government to challenge the judgment at the Supreme Court to restore public trust in the justice system.
The Commissioner for Justice had on December 12, 2024, told newsmen during a press briefing that the case file was already on his table and the ministry was going to review the judgment of the appellate court.
Pedro, when asked if there was any plan to appeal the judgment had said he had 90 days of right of appeal.
According to him, there was a need to study the file because there were ways to look at things from the point of law.
The AG added there was no sentiment or emotion about the law.
He said the case file would be reviewed and if there was any reason to challenge the appellate court, they would head to the Supreme Court.
However, on December 27, 2024, the Lagos State Government filed an appeal before the Supreme Court, seeking to reverse the Court of Appeal’s acquittal of Olaleye.
The state government’s grounds for appeal include the argument that the appellate court erred in disregarding Section 209(2) of the Evidence Act, 2011, and the Supreme Court decision in Dagaya v. State (2006).
The state contended that the sworn evidence of a child above the age of 14 requires corroboration, as specified by Section 209(3) of the Evidence Act, 2011, which mandates that the evidence of a child under 14 needs corroboration to secure a conviction.
The state further held that the Justices of the Court of Appeal erred in law when they held that Exhibits H, H1, and H2, were wrongly admitted and relied upon by the trial court having failed to conduct trial within trial for their admissibility.
“The factors guiding admissibility of confessional statements are well laid down in Sections 28 and 29 of the Evidence Act 2011, and objection to such admissibility must be raised at the time the statement is sought to be tendered not after it has been admitted without objection.
“Where an objection to the admissibility of a document on the ground of voluntariness of the statement has been withdrawn by the defendant, there is no requirement to conduct trial within trial hence Exhibits H, H1 and H2 were properly admitted.
“After the close of the prosecution’s case, a defendant called as a witness may be cross-examined on his earlier statement with a view to contradict him by the writing or discredit him as in the instant appeal and this is permitted under Section 232, of the Evidence Act, 2011, and such statement does not require trial within trial.
The state added that the Justices of the Court of Appeal erred in law when they held that the failure of the prosecution to call DPO Patricia Amadi and Aunty Tessy was fatal to the case of the prosecution in the trial court.
“The law is settled that the prosecution is not obliged to call all the witnesses listed in the information or a host of witnesses is required to prove the allegations beyond reasonable doubt.
“A single witness who gives cogent eyewitness account on a vital point will suffice.
“The absence of Aunty Tessy was not in any way fatal to the case of the prosecution where evidence of PW2 (Prosecution witness 2) and that of other witnesses has already established the ingredients of the offence against the defendant/respondent.
“The absence of DPO Patricia Amadi who was not the Investigating Police Officer was not in any way fatal to the case of the prosecution. More so, when PW6, who investigated the case, gave evidence of the investigation and this was not discredited,” the state said.
Also, the state sought the following reliefs: An order allowing the appeal and setting aside the judgment of the Court of Appeal delivered on November 29, 2024.
An order affirming the conviction and sentences of Olaleye by the trial court in Charge No. ID/20289C/2022.
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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