Court discharges, acquits doctor Olufemi over rape case

Justice Jimi Bada of the Court of Appeal, Lagos Division, has overturned the conviction and life sentence of Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, on charges of defilement and sexual assault involving his wife’s niece.

 

Delivering the lead judgment, which was unanimously adopted by the other two justices on the panel, Justice Bada criticized the trial court’s reliance on what he described as “tainted” and “unreliable” evidence provided by the alleged victim and the defendant’s estranged wife, Oluremi Olaleye.

 

The appellate court identified contradictions in the prosecution’s evidence that undermined the integrity of the case. Justice Bada further dismissed testimonies from key witnesses, including a child forensic specialist, a doctor from the Mirabel Centre, and the investigating officer, labeling their evidence as “worthless.”

 

The judgment also noted significant procedural errors by the trial judge, Rahman Oshodi, who was accused of overstepping his judicial role by attempting to fill gaps in the prosecution’s case.

 

A major issue highlighted by the appellate court was the failure to conduct a trial within a trial to determine the voluntariness of the defendant’s alleged confessional statements. Dr. Olaleye claimed the statements were made under duress following six days of detention.

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Justice Bada also questioned the prosecution’s decision not to call critical witnesses, including two family members present during the appellant’s alleged confession, further weakening the case.

 

In a judgment delivered on Friday, the appellate court resolved all five grounds of appeal in Dr. Olaleye’s favor, discharging and acquitting him of all charges.

 

The ruling has sparked reactions, with many emphasizing the need for stricter evidentiary standards in sensitive cases involving sexual assault allegations.