The Court of Appeal in Lagos has overturned the life imprisonment sentence of Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who was accused of defiling his wife’s 16-year-old niece.
The judgment was delivered on Friday by a panel of justices, including Justice Olukayode Bada, Justice Mohammad Sirajo, and Justice Folasade Ojo. The lead judgment, read by Justice Bada, ruled that the lower court’s decision was flawed due to unreliable evidence.
Justice Rahman Oshodi of the Ikeja Sexual Offences and Domestic Violence Court had sentenced Olaleye in October 2023 after finding him guilty of defilement and sexual assault by penetration.
The Appeal Court found significant contradictions in the prosecution’s case and questioned the reliability of the evidence provided by Olaleye’s estranged wife, Oluremi, and the alleged survivor.
“Prosecution’s case was bereft of any credible evidence that the survivor was a child,” Justice Bada said. “The trial court was wrong to rely on hearsay evidence to determine the survivor’s age, which was critical to the case.”
The appellate court also criticized the lower court for not conducting a trial-within-trial to determine the voluntariness of Olaleye’s confessional statement.
“Olaleye stated that his confession was made under duress after being detained for six days. The trial court’s failure to verify this rendered the statement inadmissible,” Justice Bada added.
The court dismissed evidence from a WhatsApp conversation allegedly from Olaleye’s phone. It noted that his wife had access to his phone, raising doubts about the authenticity of the messages.
“The prosecution could not disprove the possibility that the messages were sent by someone else while Olaleye’s phone was with his wife,” the court held.
The appellate court described Olaleye’s wife as a “tainted witness” motivated by personal gain.
“Her conduct showed greed and a desire to take over her husband’s assets while he was in custody,” Justice Bada said.
The court further stated that her testimony was “an affront to reasoning,” as she claimed to know details of incidents that allegedly occurred while she was asleep.
With all issues resolved in favor of the appellant, the court ruled that the prosecution failed to prove its case beyond reasonable doubt.
“The decision of the lower court is hereby set aside. The appeal is allowed, and the appellant is discharged and acquitted,” Justice Bada concluded.
