The Lagos Division of the Court of Appeal on Friday nullified the conviction of Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, who was previously sentenced to life imprisonment for raping his wife’s teenage niece. The appellate court discharged and acquitted Olaleye, citing fundamental flaws in the judgement of the trial court.
In its ruling, the appellate court concluded that the prosecution’s case lacked credible evidence regarding the age of the alleged survivor. The court stated, “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.”
The court also pointed out that the trial court had improperly relied on the testimonies of witnesses who did not provide direct evidence of the survivor’s age.
Delivering the judgment, Justice Olukayode Bada, who led the three-judge panel, noted that the trial court erred by relying on what the appellate court described as “tainted” and “unreliable” evidence from Olaleye’s estranged wife, Oluremi, and the alleged survivor. The appellate court found material contradictions in the evidence presented by the prosecution, which should have disqualified it as a basis for conviction.
Dr. Olaleye had been convicted on October 24, 2023, by Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court. Oshodi sentenced him to life imprisonment, ruling that the prosecution had proven the charges of defilement and sexual assault by penetration beyond a reasonable doubt.
Justice Oshodi highlighted the convict’s alleged confessional statement to police, where he expressed regret for his actions. The statement, bearing the seal of his former counsel, was deemed critical to establishing his guilt.
The trial court described Olaleye as “a dangerous offender” who showed no remorse, detailing allegations that he had forced the survivor to watch pornography and subjected her to repeated sexual assaults.
Following the conviction, Olaleye filed an appeal on November 24, 2023, through his lawyer, Kemi Pinheiro (SAN), seeking to overturn the verdict. The appeal successfully challenged the reliability of the evidence presented during the trial, resulting in the appellate court’s decision to acquit and discharge him.
