The Court of Appeal sitting in Lagos has discharged and acquitted medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, following a successful appeal, challenging his conviction and life sentence for defilement and sexual assault by penetration of a minor, his wife’s niece.
Justice Jimi Bada who read the lead judgment which was adopted by the two other justices on the panel held that The trial court erred in convicting Dr olaleye based on “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi and the alleged survivor (names withheld).
The appellate court said there were material contradictions in the evidence gathered by the prosecution which shouldn’t have been relied on by the lower court.
Justice Bada also faulted the other evidence of the Prosecution during trial, which were from a child forensic specialist, a medical doctor from the Mirabel Centre and the investigating officer, which were found to be “worthless”
In the words of the appellate Justice, the trial judge Rahman Oshodi descended in the arena and interfered in the proceedings to bridge the yawning gaps in the prosecution’s case.
In Fridays judgment, the court of appeal also queries why the prosecution failed to present material witnesses such as two family members who witnessed the appellants alleged confession.
The court added that a trial within trial ought to have been conducted during trial to verify the voluntariness of the appellant’s confessional statements while in police custody, which he said he made under duress after he had been detained for six days.
The court of appeal determined All five issues of appeal against the prosecution and in favour of the appellant.
The sentence delivered on Oct 10 2023 is hereby is set aside. The prosecution, headed by the Director of public prosecutions at the Lagos State Ministry of justice, Babajide Martins has yet to comment on whether they would appeal this latest decision.
But the appellants counsel, Chukwudi enebeli says they are hopeful they will get the certified true copy of the judgment before next Friday as indicated by the court, saying, “the next seven days will be the longest in Femi Olaleyes life”
