The Lagos Division of the Appeal Court on Friday overturned the life imprisonment sentence previously handed to Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation.
Dr. Olaleye had been convicted for the alleged rape of his wife’s teenage niece by the Lagos State Sexual Offences and Domestic Violence Court in October 2023.
The appellate court ruled that the trial court’s judgement was flawed and based on insufficient and unreliable evidence. In their decision, the three-judge panel highlighted critical issues in the prosecution’s case.
Justice Olukayode Bada, who delivered the judgement, noted that there were contradictions in the evidence presented and that the age of the alleged victim had not been proven beyond reasonable doubt.
The panel observed that the trial court had improperly relied on witness testimony regarding the victim’s age, although none of the witnesses had direct knowledge or evidence of her birth. The prosecution’s failure to establish this essential detail created reasonable doubt about the case.
Justice Bada also emphasized that the testimonies of Dr. Olaleye’s estranged wife and the alleged victim were unreliable, making the initial conviction unsound. Consequently, the appellate court acquitted Dr. Olaleye, declaring that the earlier judgement lacked sufficient grounds for conviction.
The original conviction by Justice Rahman Oshodi had included damning accusations. These included allegations of sexual assault, showing pornography to the survivor, and a confessional statement by Dr. Olaleye where he reportedly admitted being a sex addict.
However, the appeal court found that the lower court had improperly relied on this statement, which Dr. Olaleye later denied.
Dissatisfied with the original ruling, Dr. Olaleye’s legal team, led by Senior Advocate of Nigeria (SAN) Kemi Pinheiro, appealed the judgement in November 2023. This appeal ultimately resulted in his discharge and acquittal.
