The Court of Appeal in Lagos has acquitted Dr. Femi Olaleye, the Medical Director of Optimal Cancer Care Foundation, overturning his previous life imprisonment sentence for defiling a minor.
Dr. Olaleye had been convicted by the Lagos State Sexual Offences and Domestic Violence Court for allegedly defiling his wife’s 16-year-old niece.
However, the Court of Appeal ruled that the conviction was based on unreliable and contradictory evidence.
Judgment Overturned
Justice Olukayode Bada delivered the lead judgment, which was supported by two other justices, Zainab Abubakar and Abdulazeez Dogo.
The court found significant flaws in the evidence used by the lower court to convict Dr. Olaleye.
Justice Bada stated that the evidence provided by the prosecution was “tainted” and could not be trusted.
Wife’s Testimony in Question
The court particularly criticized the testimony of Dr. Olaleye’s estranged wife, Oluremi, and the alleged victim.
According to the judgment, their evidence contained contradictions that should not have been relied upon for a conviction.
The appellate court also noted that some material witnesses were not presented during the trial.
Family members who allegedly heard Dr. Olaleye confess were not called to testify.
Prosecution’s Case Under Fire
The judgment also raised concerns about other key pieces of evidence from the prosecution.
A child forensic expert, a medical doctor from the Mirabel Centre, and the investigating officer all gave testimonies deemed “worthless” by the appellate court.
The court found that the trial judge, Justice Rahman Oshodi, improperly interfered in the proceedings.
According to the Court of Appeal, the judge attempted to bridge “gaps” in the prosecution’s case, which should not have happened.
Confession Controversy
One major point of contention was the alleged confession made by Dr. Olaleye.
Dr. Olaleye claimed he was forced to confess after being detained for six days.
The appellate court ruled that a “trial within trial” should have been conducted to verify whether the confession was made voluntarily.
Without such a process, the confession could not be considered reliable evidence.
Legal Victory for Olaleye
Dr. Olaleye’s lead counsel, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), played a crucial role in the appeal.
Pinheiro argued that the prosecution’s case was full of inconsistencies and that the lower court erred in its judgment.
The Court of Appeal agreed, determining all five issues of appeal in favor of Dr. Olaleye.
A New Chapter Begins
With the judgment, Dr. Olaleye is now a free man.
This ruling brings an end to a legal battle that has lasted for years and drawn public attention.
The case has sparked debates about the justice system and how sensitive cases like this should be handled.
