Appeal Court Frees Dr Olaleye Earlier Convicted Of Rape Of Wife’s Niece 

Kemisola Oye 

THE Lagos division Court of Appeal today discharged and acquitted the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, who was convicted and sentenced to life imprisonment for defilement and sexual assault by penetration of a minor, his wife’s niece.

The appellate court 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 lower court, a Lagos Sexual and Domestic Violence Court, had sometime in 2023 convicted Dr Olaleye of a rape charge brought against him by the state government.

Dissatisfied with the judgment, Olaleye had through his counsel, Dr Kemi Pinheiro (SAN) filed an appeal, challenging his conviction, life sentence for defilement and sexual assault by penetration of a minor (his wife’s niece).

In a unanimous decision of the three-man panel of the appellate court, read by Justice Jimi Bada, held that there were material contradictions in the evidence gathered by the prosecution which shouldn’t have been relied on by the lower court

The court 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).

Justice Bada 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 descended into the arena and interfered in the proceedings to bridge the yawning gaps in the prosecution’s case.

The Court of Appeal also queries why the prosecution failed to present material witnesses, such as two family members who witnessed the appellant’s 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. Therefore discharge and acquitted the appellant.

Eighteen-Eleven Media