The Court of Appeal sitting in Lagos has set aside the conviction and life sentence of Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, after upholding his appeal against charges of defilement and sexual assault by penetration involving his wife’s niece, a minor.
In a unanimous decision by the panel, the justices held that the trial court erred in convicting Dr Olaleye based on “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi and the alleged survivor (names withheld).
The appellate court said there were material contradictions in the evidence gathered by the prosecution which shouldn’t have been relied on by the lower court.
Justice Jimi Bada who read the lead judgment on behalf of the other two justices also faulted the other evidence of the Prosecution during trial, which were from a child forensic specialist, a medical doctor from the Mirabel centre and the investigating officer, which were found to be “worthless”
In the words of the appellate Justice, the trial judge Rahman Oshodi descended in the arena and interfered in the proceedings to bridge the yawning gaps in the prosecution’s case.
Recalled that sometimes 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 sexual assault by penetration.
Rahman Oshodi, the judge, had sentenced Olaleye to life imprisonment over rape.
Delivering the judgment on Friday, the court of appeal also queries why the prosecution failed to present material witnesses such as two family members who witnessed the appellants alleged confession.
The court added that a trial within trial ought to have been conducted during trial to verify the voluntariness of the appellant’s confessional statements while in police custody, which he said he made under duress after he had been detained for six days.
The court of appeal determined all five issues of appeal against the prosecution and in favour of the appellant.
