The Court of Appeal sitting in Lagos has acquitted and discharged Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, overturning the life imprisonment sentence previously handed down by the Lagos State S3xual Offences and Domestic Violence Court for defiling his wife’s 16-year-old niece
Delivering the lead judgment, Justice Olukayode Bada, supported by Justices Mohammed Ibrahim Sirajo and Folasade Ayodeji Ojo, ruled that the trial court erred in convicting Dr. Olaleye based on what was described as “tainted” and “unreliable” evidence provided by his estranged wife, Oluremi, and the alleged survivor.
The appellate court highlighted significant contradictions in the prosecution’s evidence, deeming parts of it—including testimonies from a child forensic specialist, a doctor from the Mirabel Centre, and the investigating officer—as “worthless.”
Additionally, the court criticized the trial judge, Justice Rahman Oshodi, for interfering in the proceedings to fill gaps in the prosecution’s case.
It also questioned the absence of material witnesses, including family members who allegedly witnessed the appellant’s confession, and noted that a trial-within-trial should have been conducted to verify the voluntariness of Dr. Olaleye’s confessional statement, which he claimed was made under duress after six days of detention.
The appellate court resolved all five issues raised in the appeal in favor of Dr. Olaleye, resulting in his acquittal and discharge.
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