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The appeal court sitting in Lagos has nullified the rape conviction of Femi Olaleye, managing director of Optimal Cancer Care Foundation.
On Friday, the appellate court held that the lower court erred in its judgment.
The appeal court thereafter discharged and acquitted Olaleye.
In November 2022, Olaleye was arraigned by the Lagos state government on a two-count charge of defilement of a child and sexual assault by penetration.
In October 2023, the special offences and domestic violence court in Lagos convicted Olaleye on the charges.
Rahman Oshodi, the judge, had sentenced Olaleye to life imprisonment over rape.
The medical doctor, however, pleaded not guilty to the two-count charge.
The cancer care advocate was accused of sexually violating a minor, who was said to be a niece of his wife, for over 20 months.
Displeased by the judgment of the lower court, Olaleye filed 35 grounds of appeal at the appellate court.
THE VERDICT
The three-member panel of the appeal court are Jimi Olukayode Bada, Mohammad Sirajo, and Folasade Ojo.
Bada read the lead judgment which was adopted by the two other justices.
The appeal court held that the lower court erred based on the “tainted” and “unreliable” evidence of Oluremi, the defendant’s wife, and the alleged survivor.
The appeal court stated that Oluremi’s conduct showed that she was motivated by greed and the desire to take over the appellant’s assets upon his incarceration.
The appellate court described Olaleye’s wife as a “tainted witness”.
The court also ruled that the lower court relied on the “hearsay evidence” of the other witnesses on the age of the alleged survivor.
The appellate court held that since none of the witnesses witnessed the birth of the alleged survivor, it was wrong for the lower court to rely on their testimonies.
The court ruled that the prosecution’s case that the alleged survivor was a 16-year-old child was bereft of evidence.
The court described the testimonies of the child forensic specialist, that of a medical doctor from the Mirabel Centre, and the investigating officer’s, as “worthless”.
The appellate court said the trial judge “interfered” in the proceedings by bridging the “yawning gaps” in the prosecution’s case.
The court held that the prosecution failed to present material witnesses such as two family members who witnessed Olaleye’s alleged confession.
The court said a trial within trial ought to have been conducted to ascertain the voluntariness of the appellant’s confessional statements while in police custody.
The court of appeal resolved all five issues in favour of the appellant.
The appeal court thereafter discharged and acquitted Olaleye.
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