Appeal Court Frees Dr. Olaleye, Overturns Conviction For Defilement Of Minor
The Court of Appeal in Lagos has acquitted and discharged Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, overturning the life imprisonment verdict handed down by the Lagos State Sexual Offences and Domestic Violence Court.
Dr. Olaleye had been convicted for allegedly defiling his wife’s 16-year-old niece, a charge that the appellate court found was based on unreliable and tainted evidence.
Delivering the lead judgment, Justice Olukayode Bada, supported by Justices Zainab Abubakar and Abdulazeez Dogo, ruled that the trial court erred in convicting Dr. Olaleye. The judgment highlighted inconsistencies in the evidence presented by the prosecution, particularly the testimonies of the alleged survivor and Olaleye’s estranged wife, Oluremi.
The appellate court agreed with the defence counsel, Senior Advocate of Nigeria Kemi Pinheiro, who argued that material contradictions in the prosecution’s case should have rendered the evidence inadmissible.
Further faulting the lower court’s proceedings, the appeal court deemed the testimonies of a forensic specialist, a doctor from the Mirabel Centre, and the investigating officer as “worthless.” It noted that the trial judge, Justice Rahman Oshodi, interfered in the case to address gaps in the prosecution’s arguments, a move the appellate court described as improper.
The judgment also criticised the prosecution for failing to present key witnesses, including family members who allegedly witnessed the appellant’s confession. Additionally, it questioned the lack of a trial-within-trial to determine the voluntariness of Dr. Olaleye’s confessional statements, especially since he claimed they were made under duress after six days in police detention.
After examining all five issues raised on appeal, the Court of Appeal ruled in favour of Dr. Olaleye, effectively quashing his conviction and sentencing.
