By Ayo Kehind
The Lagos Division of the Court of Appeal has nullified the conviction of Dr Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation.
Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on October 24, 2023, convicted and sentenced Olaleye to life imprisonment for raping his wife’s teenage niece.
However, dissatisfied with the verdict, Olaleye, through his lawyer, Kemi Pinheiro (SAN), filed an appeal on November 24, 2023, seeking to overturn Justice Oshodi’s judgement.
In its judgement on Friday, a three-member panel of the appellate court, led by Justice Olukayode Bada, discharged and acquitted Olaleye after finding the trial court’s judgement to be faulty.
It held that the prosecution’s evidence contained material contradictions presented by the prosecution, which the court should not have relied upon.
“The prosecution’s case was bereft of any credible evidence that she was a child. Credible and reasonable doubt was created in the prosecution’s case. It is on record that the trial court concluded on the age of the victim based on the evidence of witnesses, even though none gave evidence of experiencing PW2’s birth”, the court added.
