The Appeal Court, Lagos Division, overturned Dr Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who had been convicted and sentenced to life in prison for raping his wife’s niece.
The court dismissed and acquitted Olaleye after finding the trial court’s decision to be flawed.
The appeal court ruled that the prosecution’s case lacked convincing proof that she was a kid. The prosecution’s argument raised credible and reasonable doubt.”
“It is on record that the trial court concluded on the age of the victim based on the evidence of witnesses, even though none gave evidence of experiencing PW2’s birth,” according to the judge.
Delivering the judgment on Friday, the lead judge of the three-judge panel, Justice Olukayode Bada, stated that the trial court had erred in convicting Olaleye based on the “tainted” and “unreliable” evidence of his estranged wife, Oluremi, and the alleged survivor (names withheld).
The court found that there were material contradictions in the evidence presented by the prosecution, which should not have been relied upon 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.
Oshodi found that the prosecution proved the two charges of defilement and sexual assault by penetration against Olaleye.
He noted that the evidence provided in court was compelling and established the accusations beyond a reasonable doubt.
Oshodi further stated that the convict’s confessional statement to his previous attorney, Mr Olalekan Buruji, and Patricia, the DPO of Anthony Police Station, in which he showed sorrow for his acts, was critical to demonstrating his guilt.
The judge further stated that Olaleye’s rejection of the statement he gave at the police station was unconvincing because the paper he signed contained the seal of his attorney, Buruji, from the Nigerian Bar Association.
“The convict is a dangerous offender who should be ashamed of himself, as he showed no sign of remorse,” he stated.
He detailed Olaleye’s heinous deeds, such as forcing the survivor to view pornography and subjecting her to recurrent sexual assault, but also admitting the convict’s admissions of sex addiction.
However, displeased with the verdict, Olaleye filed an appeal on November 24, 2023, through his lawyer, Kemi Pinheiro (SAN), to reverse Justice Oshodi’s decision.
