Medical director of Optimal Cancer Care Foundation Dr Femi Olaleye has filed an appeal at the Court of Appeal in Lagos seeking the overturning of his conviction for rape.
Olaleye, in a notice of appeal filed by his lawyer, Dr Kemi Pinheiro, said that the Ikeja Sexual Offences and Domestic Violence Court was wrong to have relied on the evidence presented by the prosecution against him.
The Ikeja court presided over by Justice Rahman Oshodi sentenced Olaleye on October 24 to life imprisonment for alleged defilement of his wife’s niece said to be 16 years old.
However, in the appeal dated and filed on November 24 at the Appeal Court, the appellant gave 35 grounds why his appeal should be allowed.
In a copy of the notice of appeal made available to reporters in Abuja on Wednesday, Pinheiro argued that “the lower court erred in law when, in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 at the time of the offence.”
He said that the prosecution did not tender any documentary evidence in support of its case that the alleged victim of the crime was 16 years old.
In proving this fact, the lawyer argued that the prosecution had the onerous duty of presenting the birth certificate of the complainant which would have served as conclusive proof of her age.
But throughout the trial, he said neither the prosecution nor the complainant put forward any documentary proof of the alleged survivor’s age, other than the oral evidence of the witnesses.
The lawyer also argued that contrary to the submission that the alleged victim was consistent in her evidence that Olaleye raped her, her evidence was riddled with inconsistences.
Pinheiro said the alleged survivor never accused the appellant of rape before the police who interviewed her when the alleged events were still very fresh in her mind.
He said it was only four months after the alleged incident occurred that she turned around and alleged that the appellant raped her.
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According to him, the court ought to have been suspicious of the time frame between her statements to the police and the Gender Department of the police.
He further argued that the lower court ought not to have relied on the evidence of the fifth prosecution witness, Dr Akinbunmi Oyebimpe of Mirabel Centre, in convicting and sentencing the appellant.
He argued that contrary to Oyebimpe’s finding, the examination carried out on the alleged survivor by Oyebimpe was done months after the alleged offence was committed.
“Even though the offences were alleged to have occurred between 2020 and 2021, the medical certificate issued by PW5 clearly showed that the alleged survivor was being examined in respect of a sexual assault that occurred in March 2022.
“In the face of this material contradiction, it was wrong of the court to have held that the evidence of PW5 corroborated that of the alleged survivor.
“Since the outcome of PW5’s examination did not indict the appellant, the finding of the court is erroneous and ought not to be sustained,” the lawyer said.
He equally faulted the court for having relied on the testimony of the first prosecution witness (PW1), who was Olaleye’s wife and also a complainant, which he said was tainted with malice on the events that occurred in the presence of CSP Patricia Amadi and Aunty Tessy without hearing from these vital witnesses.
According to him, the lower court erred in law when it held that it did not “…believe that Aunty Tessy was a vital witness,” while believing the testimony of PW1 and PW2 (prosecutrix).
He said Aunty Tessy was an independent witness who had received the allegations levelled against PW1 and PW2.
He contended that Olaleye’s wife, Aderemi (PW1), had demonstrated to be holding a grudge against the appellant.
“As a result, the court ought to have been cautious in relying on her evidence which had a high probability of being tainted,” he added.
