The Court of Appeal, Lagos Division, has overturned the life imprisonment conviction of Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who was previously found guilty of raping his wife’s teenage niece.
Delivering its judgment on Friday, the appellate court discharged and acquitted Olaleye, citing critical flaws in the trial court’s proceedings. The court ruled that the prosecution failed to provide credible evidence supporting the victim’s age as a minor and raised significant doubts regarding the credibility of the case presented.
Appellate Court’s Observations
The lead judge, Justice Olukayode Bada, stated that the trial court erroneously relied on “tainted” and “unreliable” evidence provided by Olaleye’s estranged wife, Oluremi, and the alleged survivor. The appellate court noted that no witness provided direct evidence confirming the victim’s age, a key element in the prosecution’s case.
Additionally, the court identified material contradictions in the evidence, emphasizing that the trial court had drawn conclusions not adequately supported by the facts presented.
Background of the Conviction
Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on October 24, 2023, sentenced Olaleye to life imprisonment. The trial court found him guilty of defilement and sexual assault by penetration, concluding that the prosecution had proven its case beyond reasonable doubt.
Justice Oshodi highlighted Olaleye’s confessional statement, which he made in the presence of his former counsel and police officials, as critical evidence of his guilt. In the statement, Olaleye allegedly admitted to being a sex addict and expressed remorse for his actions.
Oshodi described the details of the abuse, including the accused forcing the survivor to watch pornography and repeatedly assaulting her, as “horrific.” He branded Olaleye a “dangerous offender” and criticized his lack of remorse during the trial.
Appeal and Acquittal
Olaleye, dissatisfied with the trial court’s decision, filed an appeal through his lawyer, Kemi Pinheiro (SAN), on November 24, 2023. The appellate court upheld the appeal, concluding that the lower court’s reliance on contradictory and insufficient evidence invalidated its judgment.
The decision has stirred mixed reactions, with some questioning the judicial process and others emphasizing the importance of ensuring justice through credible evidence.
