By Ayomide Otitoju
The Court of Appeal sitting in Lagos has overturned the life imprisonment sentence handed to Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, for allegedly 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, acquitted and discharged Dr. Olaleye, citing critical flaws in the prosecution’s case and the trial court’s handling of evidence.
The appellate court held that the Lagos State Sexual Offences and Domestic Violence Court erred in convicting Dr. Olaleye, describing the evidence presented by his estranged wife, Oluremi, and the alleged survivor as “tainted” and “unreliable.”
Key inconsistencies and contradictions in the prosecution’s evidence, including testimony from a child forensic specialist, a medical doctor from the Mirabel Centre, and the investigating officer, were deemed insufficient to sustain the conviction. The appellate court labeled portions of this evidence as “worthless.”
The judgment also criticized the trial judge, Justice Rahman Oshodi, for allegedly overstepping judicial boundaries by intervening to “bridge yawning gaps in the prosecution’s case.”
The appellate court further highlighted procedural lapses, including the prosecution’s failure to present key witnesses, such as family members purportedly present during Dr. Olaleye’s alleged confession. The court also noted that a trial-within-trial should have been conducted to ascertain the voluntariness of the appellant’s statements, given his claim that they were made under duress following six days of detention.
Addressing all five issues raised in the appeal, the court resolved them in favor of Dr. Olaleye and against the prosecution.
This ruling marks a significant turn in the high-profile case, which had drawn widespread attention and sparked debates on justice and due process.
