The Lagos State Government has filed an appeal at the Supreme Court, challenging the acquittal of Dr. Olufemi Olaleye, who was accused of defiling his wife’s 16-year-old niece.
Dr. Olaleye, the Medical Director of Optimal Cancer Care Foundation, was initially sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court in October 2023. However, his conviction was overturned by the Lagos Court of Appeal on November 29, 2024, citing inconsistencies in the prosecution’s evidence.
The appellate court ruled that the trial court erred in relying on “tainted” and “unreliable” evidence from Dr. Olaleye’s estranged wife and the alleged survivor.
Following the ruling, civil society organisations urged the Lagos State Government to challenge the appeal court’s decision to maintain public confidence in the justice system. Responding to this pressure, Lagos State Attorney General Lawal Pedro (SAN) announced on December 12, 2024, that the case was under review and that the government intended to exercise its right to appeal.
In its appeal dated December 27, 2024, the Lagos State Government argued that the appellate court erred in disregarding Section 209(2) of the Evidence Act, 2011, and the precedent set in Dagaya v. State (2006). The government contended that the evidence of a child above 14 years requires corroboration, as outlined in Section 209(3) of the Evidence Act.
The state also criticised 55544 appellate court’s decision to dismiss exhibits H, H1, and H2, arguing that the trial court was not required to conduct a trial-within-trial since objections to the admissibility of confessional statements were not raised at the appropriate time.
The Supreme Court will now review the arguments and determine whether to uphold the appellate court’s ruling or reinstate the conviction.
