Kehinde Adesanya, a 37-year-old nurse, charged in connection with the death of a 23-year-old National Youth Service Corps (NYSC) member, Ariyo Victoria Olapeju, will on Monday appear before a Magistrate’s Court in Isabo, Abeokuta, the Ogun State capital.
Court documents shared with PREMIUM TIMES on Saturday, show that the police in Ogun State accused Ms Adesanya of unlawfully administering abortion drugs that resulted in the corps member’s death.
|
|
This newspaper learnt that she first appeared before the court on 26 March and was subsequently remanded at the Ibara correctional facility in Abeokuta to await the legal advice of the Ogun State Director of Public Prosecutions (DPP).
Based on an application from the police, the court ordered her remand in cutody for an initial period of 60 days.
|
|
|
|---|
But by 26 May, when the 60 days period elpased, the DPP advice was not ready, prompting the court to further adjourn the matter until 26 June.
The scheduled 26 June proceedings also stalled because the DPP office had yet to issue the legal advice on the matter.
PREMIUM TIMES learnt that the DPP subsequently issued the anticipated legal advice which made the court to reschedule proceedings for today, Monday.
Stay Ahead with Premium Times
Follow us on Google News and never miss breaking stories, investigations, and in-depth reporting.
Add as a preferred source on Google
Lawyers’ Alert, a not-for profit organisation which has been monitoring the case, said in a statement shared with our correspondent that the DPP’s advice recommended the dropping of murder charge in the indictment against the nurse. PREMIUM TIMES yas yet to independently confirm the development.
With the DPP’s advice against the charge of murder, the nurse now faces the counts relating to abortion.
Ms Adesanya, who is expected to appear in court in Monday, remains in custody at the Ibara Custodial Centre in Abeokuta.
A decision will likely be taken on Monday if the trial should be conducted at the High Court, which has broader jurisdictions over complex and serious criminal allegations, or at the magistrate’s court.
Police investigators’ finding
An affidavit sworn by the investigating police officer, Ojo Aderemi, stated that the case began after a complaint was lodged with the police on 12 March.
According to the affidavit, the complaint was made by Okunade Adeyanju, who told investigators that he received a telephone call three days earlier from a woman identified as Ayanfe, said to be a friend of his stepsister, informing him that Ms Olapeju had become critically ill.
Police stated that the deceased, who was serving with the Ogun State Health Insurance Agency under the NYSC scheme, was subsequently taken to a private hospital in Adatan, Abeokuta, where doctors confirmed her dead.
Investigators alleged that Ms Olapeju died following what they described as a failed abortion.
The affidavit further alleged that Ms Adesanya attempted to terminate what police described as an ectopic pregnancy and that the procedure allegedly resulted in the corps member’s death.
According to the affidavit, investigators visited the scene, obtained statements from the complainant, witnesses and the suspect, collected documentary evidence and forwarded the duplicate case file to the Directorate of Public Prosecutions in the Ogun State Ministry of Justice for legal advice.
Based on the evidence before them, investigators told the court that they believed a prima facie case of murder had been established against the defendant.
What police charges say
The Ogun State Police Command initially filed four counts against Ms Adesanya, accusing her of conspiracy, unlawful abortion and murder.
The first count alleged that she and others still at large conspired between January and March to commit the offence of unlawful abortion, contrary to Section 616 of the Criminal Code Laws of Ogun State.
The second count accused her of unlawfully attempting to procure the abortion of Ms Olapeju by administering drugs, contrary to Section 230 of the Criminal Code.
The third count alleged that she conspired with others still at large to commit murder during the same period.
The fourth count accused her of unlawfully causing the death of the 23-year-old corps member by administering abortion drugs, an offence punishable under Section 319 of the Criminal Code.
Police sought remand pending legal advice
In March, the police filed an ex parte application before the magistrate’s court in Abeokuta under Section 306 of the Administration of Criminal Justice and Other Related Matters Law of Ogun State, 2017, seeking an order to remand Ms Adesanya for 60 days to await DPP’s legal advice,
The application asked the court to authorise her detention at the Ibara Custodial Centre pending the DPP’s advice and her eventual arraignment before a court of competent jurisdiction.
In a written address supporting the application, police legal officer S.G. Babalola argued that the court had the statutory power to grant the request and urged the magistrate to do so in the interest of justice.
The police argued that the remand was necessary because of the seriousness of the allegations and the need to await the outcome of the DPP’s review before proceeding with the prosecution.
DPP discontinued murder charge
Lawyers’ Alert told our reporte that the Ogun State Director of Public Prosecutions reviewed the police investigation file and recommended that the murder allegation in the charges be dropped.
According to legal advice, the DPP recommended that the murder charge be discontinued, leaving only the abortion-related charges pending against Ms Adesanya.
The decision effectively narrowed the prosecution to the remaining abortion-related offences.
Rights group raises concerns over alleged pressure
Following the DPP’s decision, Lawyers’ Alert, raised concerns over what it described as attempts to pressure its client into pleading guilty.
In a statement shared with PREMIUM TIMES on Saturday by its Director Legal, Bamidele Jacobs, the organisation alleged that Ms Adesanya had come under sustained pressure to plead guilty despite her stated desire to first understand the legal implications of such a decision.
It stated that it had consistently advised her against entering a guilty plea unless it formed part of a negotiated plea agreement that adequately protected her legal rights and interests.
The organisation also expressed concern over reports that Ms Adesanya had been prevented from seeing her mother and twin sister while in custody. It further alleged that her husband had been disposing of her personal belongings to fund legal representation without making efforts to secure her release on bail.
Lawyers’ Alert said the allegations, if established, highlighted broader concerns about the vulnerability of women facing criminal prosecution in connection with reproductive healthcare.
The case comes amid continuing debate over Nigeria’s abortion laws. In southern Nigeria, including Ogun State, abortion is generally prohibited under the Criminal Code except where it is performed to save the life of the pregnant woman. Rights advocates, however, argue that the legal framework should be interpreted alongside Nigeria’s obligations under the Maputo Protocol, which calls on member states to permit abortion in limited circumstances, including rape, incest, sexual assault, or where a pregnancy threatens the life or health of the woman or the foetus.
According to the organisation, women in detention often face multiple pressures, including stigma, economic dependence, family dynamics, social condemnation and unequal gender norms, which may undermine their ability to make independent legal decisions.
While acknowledging that advice or opinions expressed by a spouse or relatives do not automatically amount to gender-based violence, Lawyers’ Alert said persistent pressure, emotional manipulation, intimidation or attempts to override a woman’s expressed wishes while she is in detention could amount to coercive control and psychological abuse.
It cited several international and domestic legal instruments, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Maputo Protocol, the Beijing Declaration and Platform for Action, and Nigeria’s Violence Against Persons (Prohibition) Act, 2015, as recognising emotional, verbal and psychological abuse as forms of violence against women in appropriate circumstances.
The organisation also referred to Sections 34 and 36 of the 1999 Constitution, saying every accused person is entitled to dignity, a fair hearing, independent legal advice and the right to make an informed and voluntary plea.
It said the case underscored the need to protect women’s autonomy throughout the criminal justice process, regardless of the allegations against them.
READ ALSO: Court awards N100m against police over 22-year-old boy murder
Lawyers’ Alert urged the relevant authorities to ensure that Ms Adesanya’s constitutional rights are protected, that she has access to independent legal representation and psychosocial support, and that any decision she makes during the criminal proceedings is free from coercion or undue influence.
The organisation noted that it has long advocated for reproductive rights in Nigeria and has previously challenged aspects of the country’s abortion laws before the ECOWAS Court of Justice, arguing that Nigeria should bring its legal framework into closer alignment with its obligations under the Maputo Protocol and other regional human rights instruments.
It said women facing pregnancy-related prosecutions are entitled to the full protection of their constitutional rights, including access to independent legal representation and fair trial guarantees.
The allegations by Lawyers’ Alert have not been independently verified by PREMIUM TIMES. As of the time of filing this report none of the parties to the matter has responded to the claims.
Discover more from Premium Times Nigeria
Subscribe to get the latest posts sent to your email.
More News
