The Lagos State Government has filed an appeal at the Supreme Court to challenge the acquittal of Dr Olufemi Olaleye on defilement charges.
Dr Olaleye, the Medical Director of the Optimal Cancer Care Foundation, was accused of defiling his wife’s 16-year-old niece. He had been sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court in October 2023.
However, on November 29, 2024, the Court of Appeal in Lagos overturned his conviction, citing inconsistencies in the evidence presented by the prosecution. The appellate court ruled that the trial court erred in relying on “tainted” and “unreliable” testimony from Dr Olaleye’s estranged wife and the alleged survivor.
Civil society organisations subsequently pressured the Lagos State Government to appeal the decision, calling for the restoration of public trust in the justice system.
The Lagos State Attorney General, Lawal Pedro (SAN), confirmed on 12 December 2024 that the ministry was reviewing the appellate court’s judgment. He stated that the government had a 90-day window to file an appeal.
Dissatisfied with the appellate court’s decision, the Lagos State Government has now approached the Supreme Court, arguing that the acquittal was unjust.
In its appeal dated December 27, 2024, the state government argued that the appellate court erred in disregarding Section 209(2) of the Evidence Act, 2011, and a precedent set in Dagaya v. State (2006). The government contended that the sworn evidence of a child over 14 years requires corroboration under Section 209(3) of the Evidence Act, which was not properly considered.
The state also argued that the appellate court wrongly ruled that exhibits H, H1, and H2 were inadmissible because a trial-within-a-trial had not been conducted. It maintained that objections to confessional statements must be raised when the statements are tendered, not after they have been admitted without challenge.
The Lagos State Government is seeking to have the Supreme Court overturn the appellate court’s decision and reinstate the conviction.
