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Thursday, December 5, 2024

Appeal Court Overturns Doctor’s Conviction in 16-Year-Old Niece’s Defilement Case

The Lagos Court of Appeal has overturned the life imprisonment sentence handed to Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation.

Dr. Olaleye was initially convicted by the Lagos State Sexual Offences and Domestic Violence Court for allegedly defiling his wife’s 16-year-old niece. However, the appellate court dismissed the conviction, citing unreliable and inconsistent evidence presented during the trial.

Justice Olukayode Bada, delivering the lead judgment and supported by Justices Mohammed Ibrahim Sirajo and Folasade Ayodeji Ojo, described the trial court’s decision as flawed. According to the judgment, the testimonies of Dr. Olaleye’s estranged wife, Oluremi, and the alleged survivor (name withheld) were deemed “tainted” and unreliable.

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The appellate court pointed out significant contradictions in the prosecution’s case, including testimonies from a child forensic specialist, a medical expert from the Mirabel Centre, and the investigating officer, which it labeled as “worthless.” The panel also criticized the trial judge, Justice Rahman Oshodi, for exceeding judicial boundaries by attempting to fill gaps in the prosecution’s case.

Additionally, the judgment highlighted the absence of critical witnesses, including two family members who allegedly heard the appellant confess. It also noted that no trial-within-a-trial was conducted to determine whether Dr. Olaleye’s alleged confession—reportedly made after six days in detention—was voluntary.

The appellate court resolved all five issues raised in the appeal in favor of Dr. Olaleye, leading to his discharge and acquittal.

 

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