The Court of Appeal in Lagos has acquitted and discharged Dr. Femi Olaleye, the Medical Director of Optimal Cancer Care Foundation, overturning the life sentence previously handed down by the Lagos State Sexual Offences and Domestic Violence Court.
Olaleye had been convicted of allegedly defiling his wife’s 16-year-old niece (name withheld).
In the lead judgment delivered on Friday by Justice Olukayode Bada, with Justices Mohammed Ibrahim Sirajo and Folasade Ayodeji Ojo concurring, the appellate court unanimously held that the trial court erred in its conviction. The judgment described the evidence as “tainted” and “unreliable.”
The Court of Appeal identified significant contradictions in the prosecution’s case, including inconsistencies in the testimonies of Olaleye’s estranged wife, Oluremi, and the alleged survivor. Additionally, testimonies from a child forensic specialist, a medical expert from the Mirabel Centre, and the investigating officer were dismissed as “worthless.”
The appellate court criticised trial judge Justice Rahman Oshodi for “descending into the arena” by intervening to address gaps in the prosecution’s case. It also noted procedural errors such as the failure to hold a trial within trial to evaluate the voluntariness of Olaleye’s alleged confessional statements, which he claimed were made under duress after six days of detention.
The prosecution was further faulted for not calling critical witnesses including two family members reportedly present during Olaleye’s alleged confession.
Addressing all five issues raised in Olaleye’s appeal, the appellate court ruled in his favour, resulting in his acquittal and discharge.
