Justice Peter Lifu of the Federal High Court, Lagos has dismissed a no-case-submission application filed by a medical Dr Bolanle Aseyan, against the four-count charges of false online publication of a rape allegation brought against her by the police.
The 29-year-old doctor was arraigned before the court on March 3, 2021, by the operatives of the State Criminal Investigation Department (SCID) Panti-Yaba on the allegations.
The police prosecutor, Emmanuel Eze, in a charge numbered FHCL/260c/2020, alleged that the defendant committed the offences between June 29 and August 14, 2020, at number 12A, Molade Okoya Thomas, Adeniyi Jones, Ikeja, Lagos.
Eze also claimed that the defendant committed the alleged crime while performing her internship at Federal Medical Centre, Ebute-Metta, Lagos.
The prosecutor further informed the judge that the defendant’s act was intended to malign the character of one Dr Olufumilayo Ogunsanya, who she intentionally alleged to have raped her through publication on the computer system or network contrary to section 24(1)(a) and punishable under section 24(1)(b) of the Cybercrime( Prohibition, Prevention Etc) Act, 2015.
He alleged that the defendant, with the intent to allegedly cause annoyance, inconveniences, danger, insult, criminal intimidation, hatred, ill will, and needless anxiety, intentionally and using a computer system or network, caused a rape allegation message to be sent against Dr Olufumilayo Ogunsanya which she knew to be false.
Eze saidthe defendant bullied and harassed the complainant by her action, thereby causing him fear of death, violence and bodily harm contrary to section 24(2)(C) and punishable under section 24 (2)(C)(ii) of the Cybercrime (Prohibition, Prevention Etc) Act, 2015.
The defendant, however, pleaded not guilty to the charge.
She was subsequently admitted to bail in the sum of N1 million, with one surety in the sum of N500,000 by Justice Lifu.
The judge also ordered the defendant to deposit her international passport with the court’s deputy chief registrar (DCR), who was also directed to verify all the documents supplied by the surety.
However, during the trial, the prosecutor called four witnesses and tendered some exhibits, which the court admitted.
But after the prosecution’s case, the defendant opted for ‘no-case-submission’, claiming that the police had failed to produce enough evidence to prove the case.
The prosecutor, also filing his counter to the application, urging the court to dismiss the application and order the defendant to open her defence.
In his ruling, Justice Lifu dismissed the application for lacking merit and ordered the defendant to open her defence against the allegations.
The judge held that a prima facie case had been made against the defendant, which made it necessary for her to defend herself.
The court fixed April 16 for the defendant to open her defence.
