The Appeal Court, Lagos Division, last Friday discharged and acquitted Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who had been convicted and sentenced to double life imprisonment for allegedly raping his wife’s niece.

The court discharged and acquitted Olaleye after finding the judgement of the trial court to be faulty. The three-member panel of the appeal court are Jimi Olukayode Bada, Mohammad Sirajo, and Folasade Ojo.

Delivering the lead judgement, Justice Olukayode Bada stated that the trial court erred in convicting Olaleye based on the “tainted” and “unreliable” evidence of his estranged wife, Oluremi, and the alleged survivor (names withheld).

The appellate court held that “the prosecution’s case was bereft of any credible evidence that she was a child. Credible and reasonable doubt was created in the prosecution’s case.”

“It is on record that the trial court concluded on the age of the victim based on the evidence of witnesses, even though none gave evidence of experiencing PW2’s birth,” the court added.

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 court also ruled that the lower court relied on the “hearsay evidence” of the other witnesses on the age of the alleged survivor.

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.

Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on October 24, 2023, convicted and sentenced Olaleye to double life imprisonment for defiling his estranged wife’s teenage niece.

Oshodi had ruled that the prosecution proved the two counts of defilement and sexual assault by penetration against Olaleye.

He stated that the evidence presented before the court was compelling and proved the charges beyond reasonable doubt.

Oshodi also noted that the convict’s confessional statement made before his former counsel, Mr Olalekan Buruji, and the DPO of Anthony Police Station, Patricia, where he expressed regret for his actions, was key to proving his guilt.

The judge further remarked that Olaleye’s denial of the statement he made at the police station was unconvincing, as the document he signed bore the seal of his counsel, Buruji, from the Nigerian Bar Association.

“The convict is a dangerous offender who should be ashamed of himself, as he showed no sign of remorse,” Oshodi said.

He described the horrific nature of Olaleye’s actions, including forcing the survivor to watch pornography and subjecting her to repeated sexual assault, acknowledging the convict’s confession that he was a sex addict.

However, dissatisfied with the verdict, THE PUNCH reports that Olaleye, through his lawyer, Mr. Kemi Pinheiro (SAN), filed an appeal on November 24, 2023, seeking to overturn Justice Oshodi’s judgement.

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