Justice Peter Lifu of a Lagos Federal High Court has dismissed ‘no case’ submission filed by a female medical doctor, Bolanle Aseyan, against four counts of false publication on rape allegation filed against her by the police.
The Kogi State born-medical doctor was arraigned before the court on March 3, 2021 by the operatives of State Criminal Investigation Department (SCID) Panti-Yaba, on the allegations.
Precisely, the prosecutor, Mr. Emmanuel Eze, in a charge numbered FHC/L/260c/2020, alleged that the 29-year-old defendant committed the offences between June 29 and August 14, 2020, at number 12A, Molade Okoya Thomas, Adeniyi Jones, Ikeja, Lagos.
Eze also told the court that the defendant committed the alleged crime while performing her internship at the Federal Medical Center, Ebute-Metta, Lagos.
He further told the court that the defendant’s act was intended to menace the character of one Dr. Olufunmilayo Ogunsanya, who she intentionally alleged to have raped her through means of computer system; adding that the defendant’s act had caused Dr. Olufunmilayo Ogunsanya violence and bodily harm.
The prosecutor told the court that the offences committed by the defendant are contrary to sections 24(1)(a) and 24 (2) (a) and punishable under sections 24(1)(b) 24 (2)(C)(ii) of the Cybercrime (Prohibition Prevention Etc.) Act, 2015.
She had denied the allegations and pleaded not guilty to the charges.
She was subsequently admitted to bail in the sum of N1 million, with one surety in the sum of N500,000.00.
The judge also ordered the defendant to deposit her passport with the Court’s Deputy Chief Registrar (DCR) and that all the bail conditions supplied by the surety be verified by the DCR.
However, during the trial of the charges against the female medical doctor, the prosecutor called his witnesses and tendered some exhibits, which were admitted by the court.
Upon conclusion of prosecution’s case, the female medical doctor opted for ‘no-case-submission’, and through her lawyer filed and adopted her application and urged the court to discharge and acquit her of the charge.
The prosecutor also filed his counter to the ‘no-case-submission’, urged the court to dismiss the application and order the defendant to open his defence.
Delivering ruling of the parties’ submissions today, Justice Lifu, after reading through all the arguments canvassed by the parties, and after citing a plethora of legal authorities, dismissed the female medical doctor’s no-case- submission and ordered her to open her defence against the charges.
The matter has been adjourned to April 16, 2024, for the defendant to open her defence.
Charges against the female medical doctor read; “that you Bolanle Aseyan “f” between the 29th June, 2020 and 14th August, 2020 at No. 12A Molade Okoya Thomas, Adeniyi Jones in the Lagos Judicial Division with the intent to menace Dr. Olufunmilayo Ogunsanya’s character did intentionally and by means of computer system or network did cause grossly offensive (rape allegation) publication to be sent against Dr. Olufumilayo Ogunsanya and thereby committed an offence contrary to section 24(1)(a) and punishable under section 24(1)(b) of the Cybercrime( Prohibition, Prevention Etc) Act, 2015
“That you Bolanle Aseyan “f” between the 29th June, 2020 and 14th August, 2020 at No. 12A Molade Okoya Thomas, Adeniyi Jones in Lagos Judicial Division, for the purpose of causing annoyance, inconveniences, danger, insult, criminal intimidation, hatred, ill will and needless anxiety did intentionally and by means of computer system or network, caused a rape allegation message to be sent against Dr. Olufumilayo Ogunsanya which you know to be false and thereby committed an offence contrary to and punishable under section 24(1)(b) of the Cybercrime( Prohibition, Prevention Etc) Act, 2015.
“That you Bolanle Aseyan “f’ sometime between the 29th June, 2020 and 14th August, 2020 at No. 12A Molade Okoya Thomas, Adeniyi Jones in Lagos Judicial Division did intentionally transmitted rape allegation against Dr. Olufunmilayo Ogunsanya through computer system or network to bully and harass Dr. Olufunmilayo Ogunsanya a communication which placed him in fear of death, violence and bodily harm thereby committed an offence contrary to section 24 (2) (a) and punishable under section 24 (2)(C)(i) of the Cybercrime (Prohibition, Prevention Etc) Act, 2015.
“That you Bolanle Aseyan “f’ between the 29th June, 2020 and 14th August, 2020 at No. 12A Molade Okoya Thomas, Adeniyi Jones in Lagos Judicial Division with the intent to harm the reputation of Dr. Olufumilayo Ogunsanya did intentionally and by means of computer system or network accused Dr. Olufumilayo Ogunsanya of rape and thereby committed an offence contrary to section 24(2)(C) and punishable under section 24 (2)(C)(ii) of the Cybercrime (Prohibition, Prevention Etc) Act, 2015″.
