The Court of Appeal sitting in Lagos has set aside a lower court’s judgement against a medical Director of Optimal Cancer Care Foundation, Dr. Olufemi Olaleye, who was jailed for sexual abuse of his 16-year-old wife’s niece.
This verdict is coming following a successful appeal of his conviction and life sentence for defilement and sexual assault by penetration of a minor.
Justice Jimi Bada who read the lead judgement that was adopted by the two other justices on the panel held that the trial court erred in convicting Dr. Olaleye based on “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi, and the alleged rape survivor (names withheld).
The appellate court said there were material contradictions in the evidence gathered by the prosecution, which should not have been relied on by the lower court.
Justice Bada also faulted the other evidence of the Prosecution during trial, which were from a child forensic specialist, a medical doctor from the Mirabel Centre and the investigating officer, which were found to be “worthless.”
In the words of the Appellate Justice, the trial judge Rahman Oshodi descended in the arena and interfered in the proceedings to bridge the yawning gaps in the prosecution’s case.
Delivering the judgement on Friday [today], the Court of Appeal also queried why the prosecution failed to present material witnesses such as two family members who witnessed the appellant’s alleged confession.
The court added that a trial-within-trial ought to have been conducted during Olaleye’s trial to verify the voluntariness of the appellant’s confessional statements while in police custody, which he said he made under duress after he had been detained for six days.
The Court of Appeal determined all five issues of Appeal against the prosecution and in favour of the appellant.
