The Lagos Division of the Appeal Court overturned the life imprisonment conviction of Dr. Olufemi Olaleye on Friday, Medical Director of Optimal Cancer Care Foundation, for the alleged rape of his wife’s niece.
Dr. Olaleye was discharged and acquitted after the appellate court ruled that the trial court’s judgement was flawed and failed to establish credible evidence to support the conviction.
The appellate court determined that the prosecution did not present credible proof regarding the alleged victim’s age, a critical factor in the charges brought against Olaleye.
“The trial court based its conclusion on the victim’s age solely on witness testimonies, none of which provided firsthand evidence of PW2’s birth,” the court noted.
Justice Olukayode Bada, who led the three-judge panel, emphasized that significant contradictions in the prosecution’s evidence created reasonable doubt that should have been considered by the lower court.
In the original ruling, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on 24 October, 2023, sentenced Olaleye to life imprisonment after finding him guilty on two counts of defilement and sexual assault by penetration.
Justice Oshodi had described the evidence against Olaleye as compelling, citing a confessional statement where Olaleye allegedly expressed regret for his actions. The judge also criticized Olaleye’s denial of the statement, which bore the seal of his legal counsel at the time, Olalekan Buruji.
Oshodi had further characterized Olaleye as a “dangerous offender,” recounting the traumatic details of the alleged abuse, including forcing the victim to watch pornography and subjecting her to repeated sexual assaults.
Dissatisfied with the conviction, Olaleye, through his lawyer, Kemi Pinheiro (SAN), filed an appeal on November 24, 2023, arguing that the judgement was tainted by unreliable evidence from the prosecution, including testimony from his estranged wife, Oluremi, and the alleged survivor.
The Appeal Court concurred with the defense, concluding that the evidence presented by the prosecution was insufficient and unreliable. It highlighted the trial court’s failure to address inconsistencies in the testimonies, ruling that the conviction was not supported beyond reasonable doubt.
Dr. Olaleye’s acquittal has sparked mixed reactions, with some questioning the robustness of the judicial process and others citing the importance of upholding the principle of reasonable doubt in criminal cases. The ruling underscores the necessity of credible evidence in securing convictions, particularly in sensitive cases such as sexual offences.
