The Appeal Court sitting in Lagos has quashed the conviction of the Managing Director of Optimal Cancer Care Foundation, Dr. Femi Olaleye, accused of r@ping his wife’s niece.
In a ruling delivered today November 29, the appellate court held that the lower court erred in its judgment as it had no direct evidence to establish the victim’s age.
The appeal court thereafter discharged and acquitted the embattled doctor.
In October 2023, the special offences and domestic violence court in Lagos convicted Olaleye on a two-count charge of defilement of a child and s#xual assault by penetration.
Justice Rahman Oshodi consequently sentenced Olaleye to life imprisonment.
Olaleye was arraigned in 2022 by the Lagos State Government at the Sexual Offences and Domestic Violence Court, in Ikeja, Lagos.
After his conviction in August 2023, his lawyer, Kemi Pinhero, a Senior Advocate of Nigeria (SAN), filed an appeal in November 2023, arguing that there was no direct evidence to confirm the alleged victim’s age.
Delivering judgment today, the appeal court agreed that there was no direct evidence to establish the alleged victim’s age, claiming the prosecution failed to provide documentation proving she was 16 years old at the time of the offence.
The three-member panel of the appeal court are Jimi Olukayode Bada, Mohammad Sirajo, and Folasade Ojo.
Bada read the lead judgment which was adopted by the two other justices.
The appeal court held that the lower court erred based on the “tainted” and “unreliable” evidence of Oluremi, the defendant’s wife, and the alleged survivor.
The appeal court stated that Oluremi’s conduct showed that she was motivated by greed and the desire to take over the appellant’s assets upon his incarceration.
The appellate court described Olaleye’s wife as a “tainted witness”.
The court also ruled that the lower court relied on the “hearsay evidence” of the other witnesses on the age of the alleged survivor.
The appellate court held that since none of the witnesses witnessed the birth of the alleged survivor, it was wrong for the lower court to rely on their testimonies.
The court ruled that the prosecution’s case that the alleged survivor was a 16-year-old child was bereft of evidence.
The court described the testimonies of the child forensic specialist, that of a medical doctor from the Mirabel Centre, and the investigating officer’s, as “worthless”.
The appellate court said the trial judge “interfered” in the proceedings by bridging the “yawning gaps” in the prosecution’s case.
The court held that the prosecution failed to present material witnesses such as two family members who witnessed Olaleye’s alleged confession.
The court said a trial within trial ought to have been conducted to ascertain the voluntariness of the appellant’s confessional statements while in police custody.
The court of appeal resolved all five issues in favour of the appellant.
The appeal court thereafter discharged and acquitted Olaleye.
