The appeal court sitting in Lagos has nullified the rape conviction against the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye.
Olaleye had filed an appeal challenging his conviction and sentence on a two count charge of defilement and sexual assault by penetration of a minor.
News360 Info recalls that in October 2023, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had sentenced Dr Olaleye to life imprisonment for defiling his wife’s 16-year-old niece.
In his judgment, Justice Oshodi held that the prosecution, the Lagos State Government, had proved the charge against the defendant and that the evidence against him was compelling.
According to the judge, Olaleye’s confessional statement before his former counsel, Mr Olalekan Buruji, and the Divisional Police Officer at the Anthony Police Station, Lagos State, proved that he committed the offences.
The judge held that Olaleye said in the statement that he regretted his act.
The judge also held that Olaleye’s denial of the statement during trial did not hold water.
However, the appellate court on Friday held that the lower court erred in its judgment based on the tainted and unreliable evidence of Oluremi, the defendant’s wife, and the alleged survivor.
The appeal court thereafter discharged and acquitted Olaleye.
The three-member panel of the appeal court are Jimi Olukayode Bada, Mohammad Sirajo, and Folasade Ojo.
In the lead judgment read by Bada and adopted by the two other justices, the appeal court stated that Oluremi’s conduct showed that she was motivated by greed and the desire to take over the appellant’s assets upon his incarceration.
The court also ruled that the lower court relied on the “hearsay evidence” of the other witnesses on the age of the alleged survivor.
The appellate court held that since none of the witnesses witnessed the birth of the alleged survivor, it was wrong for the lower court to rely on their testimonies.
The court ruled that the prosecution’s case that the alleged survivor was a 16-year-old child was bereft of evidence.
The court described the testimonies of the child forensic specialist, a medical doctor from the Mirabel Centre, and the investigating officer, as “worthless”.
The appellate court said the trial judge “interfered” in the proceedings by bridging the “yawning gaps” in the prosecution’s case.
The court held that the prosecution failed to present material witnesses, such as two family members who witnessed Olaleye’s alleged confession.
The court of appeal resolved all five issues in favour of the appellant.
