The life sentence slammed on the medical director of Optimal Cancer Care Foundation, Olufemi Olaleye has been overturned by the Lagos Division of the Appeal Court.
Mr Olaleye was convicted and sentenced to life imprisonment for raping his wife’s niece by a lower court in Lagos.
Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on October 24, 2023, convicted and sentenced Mr Olaleye to life imprisonment for raping his wife’s teenage niece.
However, in the out turn of events, the Appeal Court in a judgement on Friday, November 29, 2024, discharged and acquitted Olaleye over a faulty decision of the trial court.
Delivering the judgement, Justice Olukayode Bada, who led a three-judge panel said the case against Mr Olaleye was bereft of any credible evidence that the victim was a child.
He also stated that credible and reasonable doubt was created in the prosecution’s case.
According to the judge, “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.”
Continuing, Mr Bada said that the trial court had erred in convicting the doctor based on the “tainted” and “unreliable” evidence of his estranged wife, Ms Oluremi, and the alleged survivor (names withheld).
The court found that there were material contradictions in the evidence presented by the prosecution, which should not have been relied upon by the lower court.
