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Rape: Court dismisses Femi Olaleye’s no-case submission

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The special offences and domestic violence court in Lagos has dismissed the no-case submission filed by Femi Olaleye, managing director of Optimal Cancer Care Foundation.

Olaleye is currently facing a two-count charge of defilement and sexual assault by penetration.

However, he pleaded not guilty to the charges levelled against him by the Lagos state government.

The cancer care advocate was accused of sexually violating a minor, said to be his wife’s niece, for over 20 months.

At the resumption of the hearing on Thursday, Olusegun Fabunmi, lead counsel for the defence, argued that the prosecution had not provided sufficient evidence against the defendant to warrant him to enter a defence.

Fabunmi said there was no time that the defendant was caught engaging in the alleged crime.

“The defendant even denied committing the offence. There is no prima facie case linking the defendant to the offence,” the counsel said.

“In the first instance, the survivor did not state that the offence was committed, it was afterthought.

“We want the court to look at the testimony of pw6, the police officer, who said that the survivor did not produce the medical report at the time she alleged the offence was committed.”

On his part, Babajide Martins, counsel to the state government, said the survivor identified the defendant as the person who allegedly asked her to perform sexual activities on him.

“There is no doubt about the identity of the defendant as the survivor gave an account of how she was asked to suck the defendant’s sexual organ,” Martins said.

“The issue that PW2 (survivor) does not know when the incident happened does not arise. The testimony of the survivor corroborated what the prosecution alleged the defendant of.

“Even when the survivor was cross-examined by the learned silk, she informed the court that her defilement was during her menstrual cycle.

“That indicates that the survivor knows her menstrual time. The survivor said that the defendant usually came when the children were asleep.

“We humbly urge the court to dismiss the application of the defendant and ask him to enter his defence.”

Ruling on the no-case application, Ramon Oshodi, the presiding judge, dismissed the application, while directing the defendant to open his defense.

“I am inclined to agree with the prosecution and I do believe that the testimonies of the prosecution witnesses namely pw1 to pw6, and the exhibits tendered thus far have made it worthwhile to continue the trial,” the judge ruled.

“The no-case submission is hereby overruled, and accordingly, the defendant is hereby called upon to open his defense.”

The case was adjourned till March 29 for the continuation of the trial.

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Ododo surrenders Yahaya Bello to EFCC

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Operatives of the Economic and Financial Crimes Commission (EFCC) have arrested Yahaya Bello, former governor of Kogi state.

TheCable understands that Usman Ododo, Kogi governor, brought Bello to Abuja this morning and invited EFCC to come pick him up.

The EFCC had charged the former governor with alleged money laundering, breach of trust, and misappropriation of N80.2 billion.

In April, the commission declared Bello wanted after several attempts to arrest him proved unsuccessful.

On August 20, the court of appeal in Abuja ordered Bello to surrender himself for arraignment.

Ola Olukoyede, EFCC chairman, would later allege that Bello withdrew $720,000 from Kogi coffers to pay his child’s school fees in advance.

The anti-graft agency also filed a 19-count charge against Bello over alleged money laundering.

However, the arraignment was stalled due to the absence of the former governor.

In May, Abdulwahab Mohammed, counsel to Bello, told the court that the former governor’s whereabouts remain unknown and that he was nurturing some safety concerns.

On August 20, the court of appeal in Abuja ordered Bello to surrender himself for arraignment.

Dele Oyewale, EFCC spokesperson, had said the court’s ruling was a “vindication” of the EFCC’s stance that Bello must face trial.

Sources had told TheCable that Bello has been hiding in plain sight — holed up in the “protective custody” of the Kogi state government — since he was declared wanted by the EFCC.

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Tinubu writes reps, seeks Oluyede’s confirmation as COAS

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President Bola Tinubu has asked the house of representatives to confirm Olufemi Oluyede as the substantive chief of army staff (COAS).

Tinubu’s request is contained in a letter read by Tajudeen Abbas, speaker of the house of representatives, during plenary on Tuesday.

Tinubu said Oluyede’s confirmation is in accordance with the provision of section 218(2) of the 1999 constitution as amended and section 18(1) of the Armed Forces Act.

The president said the army chief’s contribution to the military and Nigeria makes him “well-suited” for the role.

He said Oluyede has been professional in his duties, adding that his confirmation should be done “expeditiously”.

On October 30, Tinubu appointed Oluyede as the acting COAS following the prolonged illness of Taoreed Lagbaja, the former army chief.

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Governor Nwifuru suspends health, housing commissioners

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The Ebonyi State Governor, Francis Nwifuru, has suspended the state Commissioner for Health, Dr. Moses Ekuma and his Housing and Urban Development counterpart, Francis Ori.

It was gathered that they were suspended on Monday during the State Executive Council meeting in Abakaliki, the state capital.

A statement issued by the Commissioner for Information and State Orientation, Jude Okpor, which was sighted by our correspondent on Tuesday morning, read, “Following cases of gross misconduct and dereliction of duties by some government officials and matters related thereto, the Chairman of Council directed the indefinite suspension of the Honourable Commissioner for Housing and Urban Development and three months suspension of the Honourable Commissioner for Health respectively.”

It was also learnt that the development may be connected to the alleged theft of pieces of property belonging to the Ministry of Health by its officials and the reported underperformance of the Housing and Urban Development commissioner and his shoddy handling of the Amaeze Housing Scheme in the Ishielu Local Government Area of the state.

Recall that the governor was in the health ministry’s premises on Saturday night and met a scene where six officials were caught allegedly diverting government materials.

He, therefore, ordered their arrest and eventual prosecution.

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