Appeal court nullifies rape conviction of Lagos doctor Femi Olaleye

Appeal court nullifies rape conviction of Lagos doctor Femi Olaleye

 The appeal court sitting in Lagos has nullified the rape
conviction of Femi Olaleye, managing director of Optimal Cancer Care
Foundation.

 

On Friday, the appellate court held that the lower court
erred in its judgment.

 

The appeal court thereafter discharged and acquitted
Olaleye.

 

In November 2022, Olaleye was arraigned by the Lagos state
government on a two-count charge of defilement of a child and sexual assault by
penetration.

 

In October 2023, the special offences and domestic violence
court in Lagos convicted Olaleye on the charges.

 

Rahman Oshodi, the judge, had sentenced Olaleye to life
imprisonment over rape.

 

The medical doctor, however, pleaded not guilty to the
two-count charge.

 

The cancer care advocate was accused of sexually violating a
minor, who was said to be a niece of his wife, for over 20 months.

 

Displeased by the judgment of the lower court, Olaleye filed
35 grounds of appeal at the appellate court.

 

THE VERDICT

 

The three-member panel of the appeal court are Jimi
Olukayode Bada, Mohammad Sirajo, and Folasade Ojo.

 

Bada read the lead judgment which was adopted by the two
other justices.

 

The appeal court held that the lower court erred based on
the “tainted” and “unreliable” evidence of Oluremi, the defendant’s wife, and
the alleged survivor.

 

The appeal court stated that Oluremi’s conduct showed that
she was motivated by greed and the desire to take over the appellant’s assets
upon his incarceration.

 

The appellate court described Olaleye’s wife as a “tainted
witness”.

 

The court also ruled that the lower court relied on the
“hearsay evidence” of the other witnesses on the age of the alleged survivor.

 

The appellate court held that since none of the witnesses
witnessed the birth of the alleged survivor, it was wrong for the lower court
to rely on their testimonies.

 

The court ruled that the prosecution’s case that the alleged
survivor was a 16-year-old child was bereft of evidence.

 

The court described the testimonies of the child forensic
specialist, that of a medical doctor from the Mirabel Centre, and the
investigating officer’s, as “worthless”.

 

The appellate court said the trial judge “interfered” in the
proceedings by bridging the “yawning gaps” in the prosecution’s case.

 

The court held that the prosecution failed to present
material witnesses such as two family members who witnessed Olaleye’s alleged
confession.

 

The court said a trial within trial ought to have been
conducted to ascertain the voluntariness of the appellant’s confessional
statements while in police custody.

 

The court of appeal resolved all five issues in favour of
the appellant.

 

The appeal court thereafter discharged and acquitted
Olaleye.

Source: Appeal court nullifies rape conviction of Lagos doctor Femi Olaleye

 - NigerianEye

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