The Court of Appeal in Lagos has acquitted and discharged the medical director of Optimal Cancer Care Foundation Dr. Femi Olaleye who was sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court for allegedly defiling his wife’s 16-year-old niece (name withheld).
Delivering the lead judgment, Justice Olukayode Bada, alongside Justices Mohammed Ibrahim Sirajo and Folasade Ayodeji Ojo, unanimously held that the trial court erred in convicting Olaleye based on evidence the appellate court deemed “tainted” and “unreliable.”
The appellate court found material contradictions in the prosecution’s evidence including testimony from Olaleye’s estranged wife Oluremi and the alleged survivor.
Testimonies from a child forensic specialist, a medical expert from the Mirabel Centre, and the investigating officer were described as “worthless.”
The court criticised the trial judge Justice Rahman Oshodi for “descending into the arena” and intervening to fill gaps in the prosecution’s case.
It highlighted the failure to conduct a trial within trial to determine the voluntariness of Olaleye’s alleged confessional statements which he claimed were made under duress after being detained for six days.
The prosecution was faulted for not presenting key witnesses including two family members who were reportedly present during Olaleye’s alleged confession.
The appellate court determined all five issues raised in Olaleye’s appeal in his favour, resulting in his acquittal and discharge.
