Appeal Court Overturns Lagos Doctor’s Rape Conviction, Acquits Olaleye

The Lagos Division of the Court of Appeal on Friday, November 29, 2024, nullified the rape conviction of Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, overturning the life sentence handed down to him by a lower court earlier this year.

Olaleye had been convicted of defiling his wife’s 16-year-old niece but has now been acquitted by the appellate court.

Olaleye, who had challenged his conviction on two counts of defilement and sexual assault by penetration, had filed the appeal after his sentencing in October 2023.

In a controversial ruling, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had sentenced him to life imprisonment, stating that the prosecution had presented compelling evidence that Olaleye committed the crime.

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The trial court had heavily relied on Olaleye’s confessional statement, made to his former lawyer and police officers, which he later denied during the trial.

Justice Oshodi also emphasized the witness testimonies, including that of Olaleye’s wife, Oluremi, who had corroborated the allegations of sexual assault against the defendant.

However, the three-member panel at the Court of Appeal, led by Justice Jimi Olukayode Bada, ruled that the lower court had erred in its judgment.

The appeal court found that the evidence presented by Oluremi and the alleged survivor was unreliable and tainted by personal motives.

In the lead judgment delivered by Justice Bada, the panel highlighted Oluremi’s actions, which it concluded were driven by greed and a desire to seize Olaleye’s assets following his incarceration.

The court noted that Oluremi’s testimony had been compromised by her apparent financial interests, casting doubt on the entire case.

Additionally, the appeal court found significant flaws in the prosecution’s evidence, particularly the testimonies related to the age of the alleged victim.

The court ruled that none of the witnesses could provide direct evidence regarding the survivor’s birth, rendering their claims inadmissible. The court described the medical and forensic testimonies as “worthless” and criticized the trial judge for intervening in the prosecution’s case.

The appellate court further pointed out that crucial witnesses, including two family members who had allegedly witnessed Olaleye’s confession, were never called to testify. It declared that the lower court had improperly relied on “hearsay evidence” to make its decision.

In light of these critical issues, the appeal court discharged and acquitted Dr. Olufemi Olaleye, effectively reversing the previous conviction.

The ruling has sparked debates regarding the reliability of testimonies in sexual assault cases and the potential consequences of miscarriages of justice.

The three justices of the appellate court – Jimi Olukayode Bada, Mohammad Sirajo, and Folasade Ojo – ruled unanimously in favor of Olaleye, marking a significant turn of events in the high-profile case.

This decision has once again put the spotlight on the challenges surrounding the prosecution of sexual assault cases in Nigeria, especially when accusations are compounded by complex personal and familial disputes.