The Lagos Division of the Court of Appeal, on Friday, overturned the conviction and life sentence of Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who had been found guilty of raping his wife’s teenage niece.
The appellate court discharged and acquitted Olaleye, ruling that the trial court’s judgment was flawed. According to the court, the prosecution failed to provide credible evidence to establish the victim’s age, a critical element in the case.
The judges noted that the trial court relied on testimonies that did not include direct evidence of the victim’s birth.
In the lead judgment, Justice Olukayode Bada criticized the lower court’s reliance on what he described as “tainted” and “unreliable” evidence, particularly from Olaleye’s estranged wife, Oluremi, and the alleged victim.
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He emphasised that material contradictions in the prosecution’s case should have created reasonable doubt, which the trial court failed to consider.
Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on October 24, 2023, convicted Olaleye on two counts of defilement and sexual assault by penetration, sentencing him to life imprisonment.
Oshodi ruled that the prosecution had proven the charges beyond reasonable doubt, citing Olaleye’s confessional statement as a pivotal piece of evidence. In the statement, made in the presence of his former counsel and police officers, Olaleye reportedly expressed regret and admitted to being a sex addict.
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Justice Oshodi condemned Olaleye’s actions, including forcing the victim to watch pornography and subjecting her to repeated abuse. He described the defendant as a dangerous offender who showed no remorse for his actions.
However, Olaleye, through his counsel, Kemi Pinheiro (SAN), challenged the ruling, filing an appeal on November 24, 2023. The Court of Appeal ultimately sided with the defense, nullifying the conviction and clearing Olaleye of all charges, citing insufficient and contradictory evidence.
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