Appeal Court Overturns Rape Conviction of Lagos Doctor Olufemi Olaleye

The Lagos Division of the Court of Appeal has overturned the conviction of Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, who had been sentenced to life imprisonment for the alleged rape of his wife’s teenage niece.

The appellate court, in its ruling on Friday, acquitted Olaleye, citing flaws in the judgment of the Lagos State Sexual Offences and Domestic Violence Court, which had earlier found him guilty.

The lead judge of the three-member panel, Justice Olukayode Bada, stated that the prosecution’s case lacked credible evidence to prove the age of the alleged victim or substantiate the charges. “The prosecution’s case was bereft of any credible evidence that the alleged survivor was a child. Credible and reasonable doubt was created in the prosecution’s case,” the judge declared.

Justice Bada further criticized the trial court’s reliance on witness testimony regarding the alleged victim’s age, noting that no direct evidence, such as a birth certificate, was presented. “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 the birth of PW2,” he said.

The appellate court also highlighted contradictions in the prosecution’s evidence and described it as “tainted” and “unreliable,” particularly referencing testimony from Olaleye’s estranged wife, Oluremi, and the alleged survivor.

Original Conviction and Sentence

In October 2023, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had sentenced Olaleye to life imprisonment, ruling that the prosecution had proven charges of defilement and sexual assault by penetration beyond reasonable doubt.

Justice Oshodi’s judgment heavily relied on a confessional statement attributed to Olaleye, which he reportedly made in the presence of his former counsel, Olalekan Buruji, and the DPO of Anthony Police Station, Patricia Amadi. In the statement, Olaleye allegedly expressed regret for his actions, describing himself as a sex addict.

The trial court also heard testimony alleging that Olaleye had subjected the survivor to repeated sexual assaults, forced her to watch pornography, and manipulated her silence. Justice Oshodi described Olaleye as “a dangerous offender who should be ashamed of himself” and noted his lack of remorse during the trial.

Appeal Filed

Dissatisfied with the conviction, Olaleye, through his counsel, Kemi Pinheiro (SAN), filed an appeal on November 24, 2023. The appeal argued that the trial court’s judgment was erroneous, as it relied on inconsistent evidence and failed to properly assess the credibility of witnesses.

Acquittal and Reaction

Following the appeal, the Court of Appeal reviewed the evidence and found substantial gaps in the prosecution’s case. The ruling emphasized that the inconsistencies and lack of direct evidence created reasonable doubt, which should have favored the defendant.

With the appellate court’s decision, Olaleye has been discharged and acquitted of all charges. The judgment has sparked mixed reactions, with supporters hailing it as a victory for justice, while others question the implications for victims of sexual abuse and the judicial process.

The prosecution has not yet commented on whether it will appeal the ruling at the Supreme Court.