The alleged survivor of rape by Femi Olaleye gave her testimony at a closed session of the Ikeja Special Offences and Domestic Violence Court on Wednesday.

Mr Olaleye, the medical director of Optimal Cancer Care Foundation, is facing a two-count charge bordering on defilement and sexual assault by penetration of his wife’s niece.

Justice Rahmon Oshodi had granted the prosecution counsel’s application for the survivor’s testimony to be heard in a closed court.

Babatunde Martins, the state legal counsel, cited section 36(4)a of the 1999 Constitution (as amended), to ask the court to allow only the legal practitioners of the parties to witness the testimony of the survivor and exclude other parties.

The attorney said although the survivor is now 18 years old, it is necessary for the court to consider the “protection of the private lives of the parties and that publicity would be contrary to the interests of justice” by excluding other parties from the hearing.

Section 36(4)a of the 1999 constitution states: “a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice.”

Babatunde Ogala, the defendant’s counsel, agreed with the submission of the prosecution.

In his ruling, Rahman Oshodi, the presiding judge, held that the court moved to a closed session.

After the ruling, journalists and other parties in the court were asked to leave the court to allow the survivor to narrate her ordeal.

The court resumed an open session after the survivor’s testimony.

Meanwhile, during the hearing, Mr Ogala asked the court to vary the bail conditions granted to Mr Olaleye on November 30.

The defence counsel argued that the defendant was still in the custody of the correctional centre because he cannot meet the bail conditions stipulated by the court.

Mr Ogala appealed to the court to give the “most liberal bail conditions” in order to allow the defendant to meet the bail conditions.

Ruling on the application, the judge said he disagreed that the bail conditions should be varied based on the terms suggested by the defendant’s counsel.

Mr Oshodi averred that variations of bail conditions is the discretionary power of the court.

He then reduced the bail bond for the defendant and his two sureties to N40 million from N50 million each. They are also to present titles of two landed properties in Lagos, proof of gainful employment, three-year tax clearance, and proper national identification documents.

Mr Oshodi added that the landed properties should be worth the amount to the bail sum and that the titles be submitted to the court clerk for verification.

The judge further asked Mr Olaleye to submit his international passport, British passport and all travel documents to the court clerk.

The case was thereafter adjourned till January 3 for further hearing. 

On Monday, Aderemi Olaleye, the defendant’s wife appeared before Judge Rahmon Oshodi as the first witness in the trial.

The prosecution counsel told the court that the prosecution team sought to present two witnesses – the survivor and a psychologist.