The Lagos Division of the Appeal Court, on Friday, overturned the conviction of Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who had been sentenced to life in prison for raping his wife’s niece.
The court exonerated Olaleye after determining that the trial court’s ruling was flawed. The appellate court ruled that “the prosecution did not provide any credible evidence to prove that she was a child. There was credible and reasonable doubt concerning the prosecution’s case.”
“It is noted that the trial court based its conclusion about the victim’s age on witness testimonies, despite none of them having provided evidence regarding the birth of PW2,” the court added.
Announcing the decision on Friday, the lead judge of the three-judge panel, Justice Olukayode Bada, indicated that the trial court made a mistake in convicting Olaleye based on the “tainted” and “unreliable” testimony of his estranged wife, Oluremi, and the alleged victim.
The court highlighted that there were significant inconsistencies in the evidence put forth by the prosecution, which should not have been considered by the lower court.
Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on October 24, 2023, found Olaleye guilty and sentenced him to life imprisonment for the rape of his wife’s teenage niece.
Oshodi determined that the prosecution had successfully proved the two charges of defilement and sexual assault by penetration against Olaleye. He remarked that the evidence presented was compelling and established the charges beyond a reasonable doubt.
Oshodi also pointed out that the convict’s confession made to his former lawyer, Mr Olalekan Buruji, and the DPO of Anthony Police Station, Patricia, where he expressed remorse for his actions, was crucial in establishing his guilt.
The judge further stressed that Olaleye’s denial of the statement he provided at the police station was not convincing, given that the document he signed had his lawyer Buruji’s seal from the Nigerian Bar Association.
“The convict is a dangerous individual who should feel shame, as he demonstrated no remorse,” Oshodi stated.
He described Olaleye’s actions as horrific, including forcing the victim to watch pornographic material and subjecting her to ongoing sexual abuse, acknowledging that the convict admitted to being a sex addict.
However, unsatisfied with the ruling, Olaleye, through his attorney, Kemi Pinheiro (SAN), lodged an appeal on November 24, 2023, seeking to reverse Justice Oshodi’s decision.
