The prosection of a 57-year-old-medical doctor of Optimal Cancer Care Foundation, Dr. Olufemi Olaleye, by the Lagos State Directorate of Public Prosecution has been stalled following the absence of the defendant.
It would be recalled that Olaleye was arraigned before the Lagos State Directorate of Public Prosecution for the alleged defilement of his wife’s 15-year-old niece.
According to The PUNCH, when the matter was called, the Lagos State Prosecuting counsel, Oluwagbenga Alagbe informed the court that the matter was for the arraignment of the defendant.
He also told the court that the prosecution letter dated November 18, has been sent to the defendant and the investigation police officer to inform parties.
Alagbe said ” A letter was sent to the defendant and it was duly acknowledged which could be regarded as Exhibit A.
“We equally sent a letter to the complainant and the Investigating Police Officer, but unfortunately the defendant is not here.”
“In view of the circumstance, we shall be asking for a bench warrant against the defendant”.
In his response, the defendant’s counsel Babatunde Ogala SAN, leading Olusegun Fabunmi SAN, told the court that the defendant was out of town and has not been served with the information contained in the charge.
Ogala said, ” The defendant is out of town and has not been served. What the law says is that we should be given a clear three days to be served but that was not done. It is true a letter was also sent to Mr Fabunmi.”
Ogala, countered his submission, “So asking for a bench warrant for a man who has neither jumped bail nor refused to appear, is not running anywhere, if he was in Lagos, he will be here.
“We ask for a date for arraignment to be done. Even when there is no service but we are here on his behalf.
” My lord, we got to know of today’s arraignment through a letter sent to the office of the defendant that does not contain the charge, it is out of respect for the court that we appear to represent our client who has not been served.
“As at the time the letter was sent to his office he was out of town. How can somebody that doesn’t know what he is being charged for appear before the court,” he said.
The defence counsel also informed the court that he intends to serve the prosecution a summons for bail.
Alagbe replied that if we get the summon on Friday, we will respond by Monday.
However, Justice Ramon Oshodi, asked the lead defence counsel if he could receive service in court.
Ogala said since we are in court, we would receive service.
He asked the court for an adjournment after confirming service in the court so the defendant could show up for his arraignment.
As a result, Justice Oshodi postponed the case until November 30 so that the defendant could enter a plea.
