Korede Abdullah in Lagos
The Lagos Division of the Appeal Court has nullified the conviction of Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who was sentenced to life imprisonment for raping his wife’s niece.
The court discharged and acquitted Olaleye, citing that the prosecution’s case lacked credible evidence to prove the victim’s age.
The appellate court held that the trial court erred in convicting Olaleye based on the “tainted” and “unreliable” evidence of his estranged wife, Oluremi, and the alleged survivor.
The court held that it found material contradictions in the evidence presented by the prosecution, which should not have been relied upon by the lower court.
Justice Olukayode Bada, the lead judge of the three-judge panel, delivered the judgement on Friday.
The court’s decision overturns the ruling of Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court, who had convicted and sentenced Olaleye to life imprisonment on October 24, 2023.
The appellate court held that “the prosecution’s case was bereft of any credible evidence that she was a child. Credible and reasonable doubt was created in the prosecution’s case.”
“It is on record that the trial court concluded on the age of the victim based on the evidence of witnesses, even though none gave evidence of experiencing PW2’s birth,” the court added.
Olaleye’s lawyer, Kemi Pinheiro (SAN), had filed an appeal on November 24, 2023, seeking to overturn Justice Oshodi’s judgement.
It will be recalled that a Lagos State Sexual Offences and Domestic Violence Court has sentenced Dr. Olaleye, Medical Director of Optimal Cancer Care Foundation, to life imprisonment for raping his wife’s teenage niece.
Justice Rahman Oshodi delivered the verdict on October 24, 2023, after finding Olaleye guilty of two counts of defilement and sexual assault by penetration.
According to the court, the prosecution presented compelling evidence that proved the charges beyond reasonable doubt.
Olaleye’s confessional statement, made before his former counsel and the DPO of Anthony Police Station, was a key factor in proving his guilt.
The court also rejected Olaleye’s denial of the statement he made at the police station, noting that the document he signed bore the seal of his counsel from the Nigerian Bar Association.
Today’s appeal court’s decision brings an end to the legal battle, acquitting Olaleye of the rape charges.
The case had drawn attention to the issue of sexual assault and the importance of ensuring that justice is served.
Some Nigerians have reacted to the judgment, saying while the appeal court’s decision may bring relief to Olaleye, it also highlights the need for thorough investigations and reliable evidence in criminal cases.
