Lagos Court of Appeal has acquitted Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, overturning his previous conviction and life sentence for allegedly defiling his wife’s 16-year-old niece.
Justice Olukayode Bada, who delivered the lead judgment, supported by Justices Zainab Abubakar and Abdulazeez Dogo, ruled that the lower court erred in convicting Dr. Olaleye based on unreliable and inconsistent evidence provided by his estranged wife, Oluremi, and the alleged victim.
The appellate court highlighted several issues with the prosecution’s case, agreeing with Dr. Olaleye’s lead counsel, Senior Advocate of Nigeria Kemi Pinheiro, who pointed out significant contradictions in the evidence.
Testimonies from the prosecution’s witnesses, including a forensic specialist, a medical doctor from the Mirabel Centre, and the investigating officer, were deemed insufficient and unreliable.
The judges criticized the trial court’s handling of the case, stating that the presiding judge, Justice Rahman Oshodi, improperly intervened to address gaps in the prosecution’s evidence.
They also questioned why critical witnesses, such as family members who allegedly heard Dr. Olaleye’s confession, were not presented during the trial.
Additionally, the appellate court noted that a trial-within-trial should have been conducted to verify the voluntariness of Dr. Olaleye’s confessional statement, especially as he claimed it was made under duress after six days of detention.
Ultimately, the Court of Appeal ruled on all five issues of appeal in favor of Dr. Olaleye, leading to his acquittal and discharge.
KanyiDaily recalls that Doctor Olufemi Olaleye was recently convicted of raping his wife’s niece by the Ikeja Sexual Offenses and Domestic Violence court.