From Victor Osula, Abuja
Medical Director of Optimal Cancer Care Foundation Dr. Olufemi Olaleye who was convicted by the Ikeja Sexual Offences and Domestic Violence Court for rape of his wife’s niece has approached to Court of Appeals to quash the judgement of the lower court.
The lower court had sentenced Olaleye to life imprisonment on October 24, 2023 for defiling the 16 year old girl.
Speaking to journalists in Abuja on the appeal, counsel to Olaleye, Dr. Kemi Pinheiri, a Seniour Advocate of Nigeria, said, ” the lower court erred in law when, in the absence of any direct evidence, held that the alleged victim of the time was 16 year.”
He argued that the prosecution had the duty to present the birth certificate of the complainant which would have served as conclusive evidence of her age.
He said,” Even though the Offences were alleged to have occurred between 2020 and 2021, the medical certificate issued by PW5 clearly showed that the alleged survivor was being examined in respect of a sexual assault that occured in March 2022. In the face of this material evidence it is wrong for the court to have held that the evidence of PW5 corroborated that of the alleged survivor.”
Pinheiro who sought four reliefs, urged the appellate court to make an order setting aside the decision of the lower court. He equally sought an order discharging and acquitting Olaleye of the Offences preferred against him.
