close
close

A’Court releases, acquits Lagos doctor convicted of raping wife’s niece – Nigeria – The Guardian Nigeria News – Nigeria and world news

A’Court releases, acquits Lagos doctor convicted of raping wife’s niece – Nigeria – The Guardian Nigeria News – Nigeria and world news

The Lagos Branch Court of Appeal on Friday discharged and acquitted the Medical Director of the Optimal Cancer Care Foundation, Dr. Olufemi Olaleye, who was found guilty and sentenced to life imprisonment for defilement and sexual assault by penetration of a minor, his wife’s niece.

The appeals court found that the trial court erred in convicting Dr. Olaleye based on “tainted” and “unreliable” evidence relating to his estranged wife, Oluremi, and alleged survivor (names withheld).

The lower court, the Lagos Sexual and Domestic Violence Court, sometime in 2023, convicted Dr. Olaleye of the rape charge brought against him by the state government.

Dissatisfied with the verdict, Olaleye, through his lawyer, Dr. Kemi Pinheiro (SAN), filed an appeal challenging his life sentence for defilement and sexual assault by penetration of a minor (his wife’s niece).
The unanimous decision of the three-judge panel of the Court of Appeal, read by Judge Jimi Bada, found that there were significant contradictions in the evidence gathered by the prosecution that the lower court should not have relied on

The court found that the trial court erred in convicting Dr. Olaleye based on “tainted” and “unreliable” evidence relating to his estranged wife, Oluremi, and alleged survivor (names withheld).

Judge Bada also faulted other prosecution evidence during the trial, from a child forensic specialist, a Mirabel Center doctor and an investigating officer, which was found to be “worthless”.

In the words of the appellate judge, the trial judge came down to the arena and intervened in the proceedings to fill existing gaps in the prosecution’s case.

The Court of Appeal also asks why the prosecutor’s office did not present important witnesses, such as two family members who witnessed the defendant’s alleged confession.

The court added that, during the trial, a hearing should have been held to verify the voluntariness of the appellant’s statements during his stay in police custody, which he claimed to have made under duress after six days of detention.

The appellate court decided all five appellate issues against the prosecution and in favor of the appellant. He accordingly acquitted and acquitted the appellant.