The Court of Appeal sitting in Lagos has overturned the conviction and life sentence of Dr Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation.
Dr Olaleye had been found guilty of defilement and sexual assault by penetration involving his wife’s niece, but the appellate court, in a unanimous decision, acquitted him after determining that his trial was marred by unreliable evidence and procedural errors.
Delivering the lead judgment, Justice Jimi Bada, supported by two other justices on the panel, ruled that the trial court erred in convicting Dr Olaleye.
The appellate court held that the evidence provided by Olaleye’s estranged wife, Oluremi, and the alleged survivor (names withheld), was “tainted” and “unreliable.”
The court further criticized the prosecution’s case, highlighting significant contradictions in the evidence presented.
Justice Bada specifically noted that testimony from other key witnesses, including a child forensic specialist, a medical doctor from the Mirabel Centre, and the investigating officer, was deemed “worthless.”
Additionally, the court took issue with the conduct of the trial judge, Justice Rahman Oshodi, accusing him of overstepping his bounds.
Justice Bada remarked that the trial judge “descended into the arena” by interfering in the proceedings to fill critical gaps in the prosecution’s case.
The appellate court also pointed out the prosecution’s failure to produce material witnesses, including two family members who reportedly witnessed Dr Olaleye’s alleged confession.
It emphasized that the absence of these witnesses raised further doubts about the credibility of the case against the appellant.
Moreover, the appellate court found fault with the handling of Dr Olaleye’s confessional statement, which he claimed was made under duress after six days in police custody.
Justice Bada stressed that a trial-within-trial should have been conducted to verify the voluntariness of the statement, a critical procedural step that was overlooked.
The Court of Appeal ruled in favour of Dr Olaleye on all five issues raised in the appeal, citing a lack of reliable evidence and procedural irregularities.
