The Court of Appeal in Lagos has acquitted Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, overturning a previous life sentence handed down by the Lagos State Sexual Offences and Domestic Violence Court for allegedly defiling his wife’s 16-year-old niece.
Justice Olukayode Bada, delivering the lead judgment supported by Justices Mohammed Ibrahim Sirajo and Folasade Ayodeji Ojo, ruled that the trial court erred in its decision, citing “tainted” and “unreliable” evidence provided by Dr. Olaleye’s estranged wife, Oluremi, and the alleged survivor.
The appellate court identified material contradictions in the prosecution’s evidence, deeming testimony from a child forensic specialist, a medical doctor from the Mirabel Centre, and the investigating officer as “worthless.” Additionally, it criticized the trial court judge, Justice Rahman Oshodi, for intervening inappropriately to address gaps in the prosecution’s case.
The court also noted procedural lapses, including the prosecution’s failure to call key witnesses and conduct a trial-within-trial to verify the voluntariness of Dr. Olaleye’s confessional statement, which he claimed was made under duress after six days in detention.
All five issues raised on appeal were resolved in favor of Dr. Olaleye, leading to his discharge and acquittal.