By Taiye Agbaje

The Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, has asked the Court of Appeal to set aside his conviction by the lower court over alleged rape of minor.
Olaleye, in a notice of appeal filed by his lawyer, Dr Kemi Pinheiro, SAN, said that the Ikeja Sexual Offences and Domestic Violence Court was wrong to have relied on the evidence presented by the prosecution against him.
The News Agency of Nigeria (NAN) reports that the court, presided over by Justice Rahman Oshodi in the charge number: ID/20289C/2022 had, on Oct. 24, sentenced Olaleye to life imprisonment for alleged defilement of his wife’s niece claimed to be a 16-year old.
However, in the appeal dated and filed on Nov. 24 at the Appeal Court sitting in Lagos State, the appellant, through his lawyer, gave 35 grounds why his appeal should be allowed.
In a copy of the notice of appeal made available to newsmen in Abuja on Wednesday, Pinheiro argued that “the lower court erred in law when, in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 at the time of the offence.”
He said that the prosecution did not tender any documentary evidence in support of its case that the alleged victim of the crime was 16 years.
In proving this fact, the lawyer argued that the prosecution had the onerous duty of presenting the birth certificate of the complainant which would have served as conclusive proof of her age.
But throughout the trial, he said neither the prosecution nor the complainant put forward any documentary proof of the alleged survivor’s age, other than the oral evidence of the witnesses.
The lawyer also argued that contrary to the submission that the alleged victim was consistent in her evidence that Olaleye raped her, her evidence was riddled with inconsistencies.
Pinheiro said the alleged survivor never accused the appellant of rape before the police who interviewed her when the alleged events were still very fresh in her mind.
He said it was only four months after the alleged incident occurred that she turned around and alleged that the appellant raped her.
According to him, the court ought to have been suspicious of the time frame between her statements to the police and the Gender Department of the police.
He further argued that the lower court ought not to have relied on the evidence of PW5, Dr Akinbunmi Oyebimpe of MIRABEL, in convicting and sentencing the appellant.
He argued that contrary to Oyebimpe’s finding, the examination carried out on the alleged survivor by PW5 was done months after the alleged offence was committed.
“Even though the offences were alleged to have occurred between 2020 and 2021, the medical certificate issued by PW5 clearly showed that the alleged survivor was being examined in respect of a sexual assault that occurred in March, 2022.
“In the face of this material contradiction, it was wrong of the court to have held that the evidence of PW5 corroborated that of the alleged survivor.
“Since the outcome of PW5’s examination did not indict the appellant, the finding of the court is erroneous and ought not to be sustained,” the lawyer said.
He equally faulted the court to have relied on the testimony of the 1st prosecution witness (PW1), who was Olaleye’s wife and also a complainant, which he said was tainted with malice on the events that occurred in the presence of CSP Patricia Amadi and Aunty Tessy without hearing from these vital witnesses.
According to him, the honourable lower court erred in law when it held that it did not “…believe that Aunty Tessy was a vital witness,” while believing the testimony of PW1 and PW2 (prosecutrix).
He said Aunty Tessy was an independent witness who had received the allegations leveled against PW1 and PW2.
He contended that Olaleye’s wife, Aderemi (PW1), had demonstrated to be holding a grudge against the appellant.
“As a result, the court ought to have been cautious in relying on her evidence which had a high probability of being tainted,” he added.
He also challenged the finding of the trial court on two fronts.
“Firstly, PW1 not being present when the appellant allegedly had sexual intercourse with the alleged survivor could not have corroborated the evidence of the alleged survivor because corroborative evidence ought to come from a person who directly witnessed the events as they occurred.
“Secondly, any corroborative evidence ought to come from an independent source.
“Having demonstrated during trial that PW1 stood to benefit from the appellant’s conviction, it was wrong of the court to have relied on her tainted testimony in finding that her evidence corroborated that of the complainant,” the lawyer argued, among others.
He insisted that Aderemi (PW1) was demonstrably a tainted and interested witness and as such, her evidence was manifestly unreliable.
Pinheiro, who sought four reliefs, urged the appellate court to make an order setting aside the decision of the lower court.
He also sought an order setting aside the conviction of and quashing the sentence against the appellant by the lower court.
The lawyer equally sought an order discharging and acquitting Olaleye of the offences preferred against him.(NAN)(www.nannews.ng)
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Edited by Sadiya Hamza

By Taiye Agbaje

As part of the effort to eradicate issues of torture in the country, the Federal Government says appropriate measures have been put in place to checkmate lapses in legal and administrative frameworks.
Mrs Beatrice Jedy-Agba, the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, made this known on Tuesday at the training for members of National Committee Against Torture (NCAT) in Abuja.
The News Agency of Nigeria (NAN) reports that the two-day training was organised by Avocats Sans Frontieres (ASF) France, also known as Lawyers Without Borders, France, with the support of Australian government.
It was titled: “The Legal Framework on Torture and Effective Implementation of the Anti-Torture Act 2017.”
Jedy-Agba, who stressed that the issue of torture was one that the nation was desirous of eradicating, however said that “there is need for more to be done to ensure that torture by public officials comes to an end and that victims able to seek and obtain justice.”
She said it was for this reason that the Attorney-General of Federation reconstituted the NCAT, now known as Committee Against Torture, Nigeria.
“While i am aware of the legal and administrative constraints associated with investigating and prosecuting torture, i wish to solicit the support and input of members to devise creative means of address the problem of torture in Nigeria, particularly in our detention centres,” she said.
Also speaking, Mr Mathew Mechan, the Deputy High Commissioner of Australia in Nigeria said the Australian government was proud to support Nigeria, through the ASF ProCAT Project, to enhance Nigeria’s counter torture measures throughout the justice system.
“I know that all of you were chosen to be members of this prestigious committee and to participate in this training because of your expertise, knowledge, leadership, and commitment to defending human rights.
“I am sure that the training you receive today will go a long way to help you in discharging the responsibilities that accompany your selection to this committee.
“| was pleased to note during a recent roundtable between development partners and Minister for Interior, Dr Tunji-Ojo, said that the Nigerian government acknowledges it needs to engage in correctional services reform.
“The Honourable Minister was very frank and forthcoming that Nigeria faces many problems, including allegations of institutionalised torture.
“Both he and the international community agreed we needed to work together to put an end to such practices, as well as hold perpetrators to account,” he said.
Mr Emmanuel Nwakeze, ACG Operations of Nigerian Correctional Service (NCoS) and member representing NCoS Against Torture, said the service had been in the forefront of campaign against torture.
He said as part of the effort to giving the NCoS human right disposition, the name was changed from “prison,” which signified torture to “correction,” which removed torture and ensured rehabilitation and reintegration of inmates to the society.
According to him, there is a section in our law which says no inmate should be tortured, this is under the new dispensation of NCoS Act 2019.
The Country Director of ASF France, Angela Uzoma-Iwuchukwu, said the training was a way the organisation provides support for the NCAT to effectively discharge its mandate.
“One of the reasons torture continues to occur, in fact with impunity, is lack of accountability,” she said.
Uzoma-Iwuchukwu said perpetrators of torture must be held responsible in their individual capacity to stem the ugly tide.
She urged law enforcement officers to perform their duties within the confine of the law.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Taiye Agbaje

As part of the effort to eradicate issues of torture in the country, the Federal Government says appropriate measures have been put in place to checkmate lapses in legal and administrative frameworks.
Mrs Beatrice Jedy-Agba, the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, made this known on Tuesday at the training for members of National Committee Against Torture (NCAT) in Abuja.
The News Agency of Nigeria (NAN) reports that the two-day training was organised by Avocats Sans Frontieres (ASF) France, also known as Lawyers Without Borders, France, with the support of Australian government.
It was titled: “The Legal Framework on Torture and Effective Implementation of the Anti-Torture Act 2017.”
Jedy-Agba, who stressed that the issue of torture was one that the nation was desirous of eradicating, however said that “there is need for more to be done to ensure that torture by public officials comes to an end and that victims able to seek and obtain justice.”
She said it was for this reason that the Attorney-General of Federation reconstituted the NCAT, now known as Committee Against Torture, Nigeria.
“While i am aware of the legal and administrative constraints associated with investigating and prosecuting torture, i wish to solicit the support and input of members to devise creative means of address the problem of torture in Nigeria, particularly in our detention centres,” she said.
Also speaking, Mr Mathew Mechan, the Deputy High Commissioner of Australia in Nigeria said the Australian government was proud to support Nigeria, through the ASF ProCAT Project, to enhance Nigeria’s counter torture measures throughout the justice system.
“I know that all of you were chosen to be members of this prestigious committee and to participate in this training because of your expertise, knowledge, leadership, and commitment to defending human rights.
“I am sure that the training you receive today will go a long way to help you in discharging the responsibilities that accompany your selection to this committee.
“| was pleased to note during a recent roundtable between development partners and Minister for Interior, Dr Tunji-Ojo, said that the Nigerian government acknowledges it needs to engage in correctional services reform.
“The Honourable Minister was very frank and forthcoming that Nigeria faces many problems, including allegations of institutionalised torture.
“Both he and the international community agreed we needed to work together to put an end to such practices, as well as hold perpetrators to account,” he said.
Mr Emmanuel Nwakeze, ACG Operations of Nigerian Correctional Service (NCoS) and member representing NCoS Against Torture, said the service had been in the forefront of campaign against torture.
He said as part of the effort to giving the NCoS human right disposition, the name was changed from “prison,” which signified torture to “correction,” which removed torture and ensured rehabilitation and reintegration of inmates to the society.
According to him, there is a section in our law which says no inmate should be tortured, this is under the new dispensation of NCoS Act 2019.
The Country Director of ASF France, Angela Uzoma-Iwuchukwu, said the training was a way the organisation provides support for the NCAT to effectively discharge its mandate.
“One of the reasons torture continues to occur, in fact with impunity, is lack of accountability,” she said.
Uzoma-Iwuchukwu said perpetrators of torture must be held responsible in their individual capacity to stem the ugly tide.
She urged law enforcement officers to perform their duties within the confine of the law.(NAN)(www.nannews.ng)
TOA/SH
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edited by Sadiya Hamza

By Chidinma Ewunonu-Aluko

A Senior Advocate of Nigeria (SAN), Mr Femi Falana, on Monday urged lawyers to expose anyone, including judges, who may want to destroy the image of the country’s judiciary.

Falana made the remark in Ibadan during the opening of the Law Week of the Ibadan Branch of Nigerian Bar Association (NBA).

He said such exposure would help to redeem the image of the judiciary in the country.

“Lawyers have to always ensure that justice was always done for members of the society in spite of their classes,” the SAN added.

Falana also urged lawyers to always put people who would always stand firm for the bar in high places and support the judges in their fight for financial autonomy and independence.

“We should learn to respect our judges because it’s only when we do so that the public will follow suit,” he said.

The Law Week Planning Committee Chairman, Mr Oladipo Olasope, in his remarks said lawyers owe a high standard of professional conduct in the discharge of their duties.

“We are to serve the court, clients and society without compromising.

“We are the ones who will save this profession, no other person will do it for us. Since we have no other profession, let’s guard this one jealously,” Olasope who is also a SAN said.

The NBA Ibadan Branch Chairman, Mrs Folasade Aladeniyi, said the bar association seeks a country and legal system where no one would be denied Justice.

Aladeniyi remarked that lawyers were key players in advancing the progress and betterment of the country and legal profession in Nigeria.

“As legal practitioners, we are in a unique position to support groups and people by using our advocacy skills to solve legal issues,” she said.

The highlight of the occasion was the presentation of awards to some deserving judicial officers, including Falana.(NAN)

(Edited by Olawale Alabi)

By Taiye Agbaje

Some eminent Nigerians have urged young lawyers to imbibe the virtue of integrity and hardwork to be successful in their career.
They gave the advice while speaking with the News Agency of Nigeria (NAN) at an event to celebrate Mr Adeola Adedipe on his elevation to the rank of senior advocate of Nigeria (SAN), on Monday.

They urged them to be diligent and focused.
Mr Mahmud Magaji, SAN, said young lawyers should emulate Adedipe’s attitude to the profession.
“My advice is that they (young lawyers) should learn from Adedipe. They should try to imbibe the virtues of legal practice as done by Adedipe and they will get their too,” he said.
Magaji described Adedipe as a “very sound lawyer, extremely reliable and very mobile in law.”
“I can suggest him to any person who needs a service of a lawyer. He is a fantastic lawyer,” he added.
On the honour of SAN conferred on him, the senior lawyer said: “If I have my way, I will still recommend him.
“I think he is a person every lawyer will be proud to recommend for the rank of a senior advocate and I am glad he is a senior advocate now.”
A Court of Appeal Judge, Justice Gabriel Kolawole, described Adedipe as “a thorough-bred professional, hardworking, cool headed and a gentleman.”
Kolawole, who said the rank was deserving, said: “I am sure that being in the inner bar, Adedipe will hard more quality to the quality of advocacy.”
Prof. Abiodun Adeniyi of Department of Communications, Baze University, Abuja, said Adedipe had been a very focused person, disciplined, dedicated and professional.
According to him, I am not really surprised that he has become a senior advocate of Nigeria.
“I have interacted with him, shared opinions with him and sought his legal opinions on so many things happening in the country, especially when it comes to political litigations.
“And of course from his depth; his penetrating insight, something told me that he was going to get to the peak of the profession. So I am not surprised,” he said.
On her part, Sen. Grace Bent, who represented Adamawa South Senatorial District in the 6th National Assembly, said Adedipe was a very phenomenal lawyer and unassuming.
“He is very prolific and dynamic, very bold and courageous
“Few years ago, I told him that I see you having this title to your name. It has happened today.
“It is a very glorious day for us and a day the lord has made and we shall rejoice and be glad indeed.
“This is just the beginning. You have not seen anything yet.
“There is nothing a man gets unless God has given him from above.
“You will be celebrated beyond the shores of Nigeria,” she said.
Brent also commended Adedipe’s wife for the unflinching support.
Responding, Adedipe thanked everyone who honoured his invitation, saying the honour was a spur to do more work.
NAN reports that 58 lawyers were conferred with the prestigious rank of SAN at the Supreme Court on Monday.(NAN)(www.nannews.ng)
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Edited by Sadiya Hamza