Appeal Court noted that the trial court relied on “tainted” and “unreliable” evidence of Olaleye’s estranged wife, Oluremi
By Kehinde Okeowo
An Court of Appeal sitting in Lagos on Friday nullified the rape conviction of the Managing-Director of Optimal Cancer Care Foundation, Femi Olaleye, ruling that the lower court erred in its judgment.
Delivering the judgement, the lead judge of the three-judge panel, Justice Olukayode Bada said that “the prosecution’s case was bereft of any credible evidence that she was a child. Credible and reasonable doubt was created in the prosecution’s case.”
“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,” the court added.
The Appeal Court judges further stated that the trial court relied on “tainted” and “unreliable” evidence of Olaleye’s estranged wife, Oluremi, and the alleged survivor (names withheld).
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It also held that there were material contradictions in the evidence presented by the prosecution, which should not have been relied upon by the lower court.
It thereafter discharged and acquitted Olaleye.
Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had, on October 24, 2023, convicted and sentenced Olaleye to life imprisonment for raping his wife’s teenage niece.
Oshodi had ruled that the prosecution proved the two counts of defilement and sexual assault by penetration against the doctor.
However, dissatisfied with the verdict, Olaleye, through his lawyer, Kemi Pinheiro (SAN), filed an appeal on November 24, 2023, seeking to overturn Justice Oshodi’s judgement
