The Lagos Division of Appeal Court, on Friday, nullified the conviction of the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, who was sentenced to life imprisonment for raping his wife’s niece.
Olaleye was discharged and acquitted by the appellate court after finding the judgment of the trial court faulty.
The appellate court held, “Prosecution case was bereft of any credible evidence that she (the victim) was a child. Credible and reasonable doubt was created in the prosecution’s case about the age.
“It is on record that the trial court came to a conclusion on age based on the evidence of the witnesses even though none gave evidence of experiencing PW2 birth.”
While delivering the judgment on Friday, the lead judge of the three-man panel, Justice Olukayode Bada, held that the trial court erred in convicting the appellant based on “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi and the alleged survivor (names withheld).
The appellate court held that there were material contradictions in the evidence gathered by the prosecution which shouldn’t have been relied on by the lower court.
Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had on October 24, 2023, convicted and sentenced Olaleye to life imprisonment for raping his wife’s teenage niece.
The judge held that the prosecution proved the two counts charge of defilement and sexual assault by penetration against Olaleye.
He stated that the evidence that was presented before the court, against the convict was compelling and proven beyond reasonable doubt.
Justice Oshodi also held that the confessional statement of the convict which he made before his former counsel, Mr. Olalekan Buruji, and the DPO of Anthony Police Station, Patricia when he stated that he regretted his action, proved that he committed the offences.
The judge further held that Olaleye denying an undertaken made at the police station did not hold water, adding that the document that he signed had his counsel, Buruji’s Nigerian Bar Association seal on it.
“The convict is a dangerous offender who should be ashamed of himself as he did not show any sign of remorse.
“You showed no remorse and it shows that you are a dangerous man to the society, who should be locked away from the people,” Oshodi said.
But Olaleye, who was dissatisfied with the verdict, through his lawyer, Kemi Pinheiro, SAN, filed an appeal on November 24, 2023, to overturn Justice Oshodi’s judgment.
All attempts to reach the Lagos State Government to confirm whether they will approach the Supreme Court to challenge the appellate court’s decision proved abortive.
