Femi Ashekun/
The Lagos Division of the Court of Appeal has discharged and acquitted Dr. Olufemi Olaleye of charges of defilement and sexual assault by penetration.
This decision overturns the October 24, 2023, conviction handed down by Justice Rahman Oshodi of the Lagos State High Court.
The appellate court, presided over by Justice Jimi Bada and supported by a unanimous three-judge panel, resolved all five issues raised by the appellant’s legal counsel, Dr. Kemi Pinheiro (SAN), during the hearing on September 24.
The court held that the prosecution failed to prove the age of the alleged victim, a critical factor in establishing the charge of defilement.
It emphasised that determining age cannot rely solely on observation, particularly when the age in question is borderline, such as 16 years. This created a reasonable doubt, undermining the prosecution’s case.
The Appeal Court condemned the trial court’s decision to admit statements allegedly written by the appellant without conducting a trial-within-trial, a necessary process when voluntariness is contested.
It noted that these statements were obtained under duress, rendering them inadmissible.
The court found that none of the six witnesses presented by the prosecution provided credible or reliable evidence.
The testimony of the appellant’s wife, Mrs. Aderemi Olaleye, was deemed particularly questionable. The court described her as a “tainted witness,” motivated by personal gain and control over her husband’s assets.
Evidence revealed that Mrs. Olaleye had altered ownership of the appellant’s car, tampered with his bank account mandates, and pressured him to transfer his house to her while he was in custody.
These actions, the court noted, undermined her credibility and suggested ulterior motives.
The panel criticised the prosecution for engaging in persecution rather than pursuing justice. Justice Jimi Bada remarked, “This is what happens when instead of prosecuting an accused person, you are persecuting him.”
The appellate court noted that the trial court had improperly interfered with proceedings by guiding the prosecution and filling gaps in its case. This, it held, was a grave judicial error and a breach of the appellant’s right to a fair trial.
In its conclusion, the Court of Appeal set aside the conviction of Dr. Olaleye and discharged him of all charges.
Dr. Olufemi Olaleye, a well-known Lagos-based physician and Managing Director of Optimal Cancer Care Foundation, faced severe allegations in a case that spotlighted the pervasive issue of sexual abuse against minors and vulnerable individuals.
His legal battle, which began in late 2022, garnered significant media attention locally and internationally.
The charges against Dr. Olaleye stemmed from accusations that he sexually abused his wife’s 15-year-old niece, who had been under their care.
The Lagos State Government prosecuted him for defilement and sexual assault by penetration, claiming the abuse occurred over a period between 2020 and 2021.
During the trial, the prosecution presented testimonies, including that of the alleged victim, claiming repeated violations began when she was a minor.
The case became a symbol of the fight against child abuse, with advocacy groups calling for justice and stricter enforcement of laws protecting minors.
On October 24, 2023, the Lagos State High Court, presided over by Justice Rahman Oshodi, convicted Dr. Olaleye.
He was sentenced to five years in prison, a decision that was widely covered by both local and international media as a victory against sexual violence.
Dr. Olaleye, maintaining his innocence, argued that the charges were fabricated and that the trial was fraught with irregularities.
His legal team, led by Senior Advocate of Nigeria (SAN) Dr. Kemi Pinheiro, filed an appeal, citing critical procedural errors and insufficient evidence.
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