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Lagos Heads To Supreme Court Over Judgment Nullifying Femi Olaleye’s Rape Conviction

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The Lagos State government has filed a notice of appeal at the Supreme Court, seeking to overturn the recent acquittal of Femi Olaleye, a medical doctor who was previously convicted of rape.

Olaleye, the managing director of the Optimal Cancer Care Foundation, was sentenced to life imprisonment in October 2023 by the Lagos Special Offences and Domestic Violence Court for defiling a child and sexually assaulting the victim.

However, in November, a three-member panel at the Lagos Court of Appeal overturned the conviction, discharging and acquitting the doctor.

The appellate court ruled that the original judgment was flawed, describing the testimonies of Oluremi Olaleye, the defendant’s wife, and the alleged survivor as “tainted” and “unreliable.”

It further suggested that Oluremi was “motivated by greed and the desire to take over the appellant’s assets upon his incarceration.”

“Case Background”

Olaleye was initially arraigned in November 2022 on charges of defilement of a child and sexual assault by penetration.

He was accused of sexually abusing his wife’s niece over a period of 20 months.

In October 2023, Rahman Oshodi, a judge at the Special Offences Court, convicted Olaleye and sentenced him to life imprisonment.

Following his conviction, Olaleye filed 35 grounds of appeal, which led to the appellate court’s decision to quash the conviction and acquit him.

In response to the ruling, civil rights groups petitioned Lawal Pedro, the Lagos State Attorney General, to appeal the decision at the Supreme Court.

“The Notice Of Appeal”

The notice, filed by Babajide Martins, Director of Public Prosecutions (DPP); Adebayo Haroun, a director in the Ministry of Justice; and Babajide Boye, a deputy director; along with three other counsels, challenged the entire decision of the Court of Appeal.

The notice includes three main grounds of appeal.

Ground One: Corroboration Of Testimony.

The Lagos government argued that the Court of Appeal erred in law when it disregarded Section 209(2) of the Evidence Act, 2011, and the Apex Court’s decision in Dagaya v. State.

The appeal contended that the appellate court wrongly required corroboration for the sworn evidence of the victim, despite her being over 14 years old.

The Lagos government asserted that the appellate court’s decision to demand corroboration was in direct contradiction to the relevant legal provisions, which do not require corroboration for sworn evidence from a victim above the age of 14.

Ground Two: Confessional Statements.

The second ground of appeal contested the Court of Appeal’s decision that the confessional statements of the defendant—Exhibits H, HI, and H2—were wrongly admitted by the trial court.

The Lagos government argued that the trial court correctly admitted these confessional statements, as the defendant did not raise objections to their admissibility at the time they were tendered, as stipulated under Sections 28 and 29 of the Evidence Act, 2011.

The appeal asserted that a trial within a trial is not necessary when the objection to the admissibility of a confessional statement has been withdrawn, as was the case.

Furthermore, the Lagos government claimed that the defendant was cross-examined on his earlier statements, which is permitted under Section 232 of the Evidence Act, 2011.

Ground Three: Absence Of Key Witnesses.

The third ground of appeal challenged the Court of Appeal’s ruling that the prosecution’s case was weakened by the failure to call two key witnesses—DPO Patricia Amadi and Aunty Tessy.

The Lagos government maintained that the law does not require the prosecution to call all witnesses listed in the case.

The government said the absence of these witnesses did not harm the prosecution’s case, as other testimonies, particularly from the victim and other witnesses, established the necessary elements of the offence.

Additionally, the state noted that the absence of DPO Amadi, who was not the investigating police officer in the case, did not invalidate the prosecution’s case, as evidence from the actual investigating officer, PW6, was sufficient.

The Lagos State government is therefore seeking an order from the Supreme Court to allow the Appeal Court to set aside its judgment delivered on November 29, 2024, and affirm the conviction and sentence of Olaleye as delivered by the trial court.

BIG STORY

Jersey To Return $9.5m Abacha Loot To Nigeria For Infrastructure Project

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Authorities in Jersey will repatriate more than $9.5 million (£7 million) linked to “tainted property” to the Nigerian government.

PorscheClassy News understands that the funds were looted by Sani Abacha, former head of state, who ruled Nigeria from 1993 until his death in 1998.

The sum was recovered under ex-President Goodluck Jonathan, but legal proceedings stalled the return to Nigeria.

Mark Temple, attorney-general of Jersey, signed a memorandum of understanding (MoU) with Nigeria in December to facilitate the return of the funds, which were held in a bank account on the island.

The BBC reports that the agreement builds on two earlier arrangements between Jersey and Nigeria that led to the repatriation of over $300 million (£230 million) in recovered assets.

In a ruling delivered in January 2024, the Royal Court in Jersey held that the funds were “more likely than not” proceeds of corruption, finding that third-party contractors diverted public funds “for the benefit of senior Nigerian officials and their associates”.

Lateef Fagbemi, Nigeria’s attorney-general and minister of justice, said the recovered assets would be utilised strictly in line with the terms of the MoU.

“The successful recovery and repatriation of the forfeited assets underscores the effectiveness of Nigeria’s collaborative efforts with its international partners in ensuring that there is no safe haven for illicitly acquired wealth or assets moved to foreign jurisdictions,” Fagbemi said.

He added that the funds would be channelled towards the final stages of a major highway project that serves as a “vital link” between Abuja and Nigeria’s second-largest city.

Temple said the repatriation demonstrates the effectiveness of Jersey’s legal framework in tackling corruption.

“The return demonstrates the strength of our civil forfeiture legislation as a powerful tool in the fight against corruption,” he said.

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BIG STORY

Atiku Has Been An Aspirant Since My NYSC Days —– Datti Baba-Ahmed

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The 2023 Labour Party vice-presidential candidate, Yusuf Datti Baba-Ahmed, has reiterated his call for a generational shift in Nigeria’s political leadership, saying the country urgently needs new leaders to address its challenges.

Datti made the remarks on Friday during an appearance on Channels Television, where he reflected on his long political journey alongside former Vice President Atiku Abubakar.

According to him, Atiku had been contesting for the presidency as far back as when he was serving in the National Youth Service Corps.

“When I was doing my NYSC, Baba Atiku was an aspirant, and in 2018 we contested primaries together,” he said.

He recalled that he again faced Atiku during the 2023 general election.

“In 2023, we contested again. I, as a vice president elsewhere, when his vice president had left him. And for God’s sake, in 2027 again?” Datti said.

The Labour Party chieftain stressed that Nigeria needs a fresh generation of leaders, adding that many capable Nigerians are ready to serve but are discouraged by the country’s political structure.

“There is a need for a new generation of Nigerian leaders, and they do exist. A whole new generation is waiting for a new leader to lead them to a new party,” he said.

He further criticized Nigeria’s political system, describing it as expensive, difficult, and dominated by godfathers.

“There are good Nigerians, people capable of solving Nigeria’s problems, but they are discouraged by the expensive, difficult, treacherous system full of godfathers and bad promises,” he added.

It was earlier reported that Datti dismissed reports suggesting that he had recently declared his intention to contest the presidency, describing such claims as false.

He concluded by saying that many competent Nigerians are waiting for credible leadership to help fix the nation’s problems.

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BIG STORY

My Comment Was Misinterpreted, I Never Declared To Contest Presidency —— Datti Baba-Ahmed

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The former vice-presidential candidate of the Labour Party, Datti Baba-Ahmed, has dismissed reports suggesting that he recently declared his intention to contest the presidency.

Speaking on Channels Television on Friday, Baba-Ahmed clarified that his comments had been misinterpreted, stressing that no such declaration was made.

“I never declared to contest the presidency two days ago,” he said.

According to him, his recent public remarks were limited to reaffirming his membership of the Labour Party, amid growing political discussions about the future direction of the party and its key figures. He acknowledged that while political possibilities may exist in the future, no announcement or decision has been made at this time.

The clarification comes after widespread media and social media reports claimed that Baba-Ahmed was positioning himself for a presidential run ahead of the next general election. The reports sparked debate among supporters and political observers, many of whom viewed his comments as a signal of ambition.

Explaining further, Baba-Ahmed said, “Two days ago, what I did was simply say that I remain in the Labour Party. I never declared to contest the presidency, even though there could be a possibility of that happening. I certainly did not declare for the presidency. I reiterated my membership of the Labour Party, and that is all.”

He added that any declaration of interest would depend on the Independent National Electoral Commission timetable and the party’s internal processes.

“The submission I made was that one will have to wait for the INEC timetable and for the party to make the call for people to indicate their interest. I did not declare,” he said.

Baba-Ahmed also criticised the role of social media in amplifying misinformation, urging professional media organisations to ensure accuracy.

“It is unfortunate that social media can be so sensational, putting out wrong narratives to emotional listeners. I believe formal media like yours should serve as filters and barriers so that the general public can always consume the correct information,” he said.

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