The Lagos Division of Attraction Court docket, on Friday, nullified the conviction of the Medical Director of Optimum Most cancers Care Basis, Dr Olufemi Olaleye, who was sentenced to life imprisonment for raping his spouse’s niece.
Olaleye was discharged and acquitted by the appellate court docket after discovering the judgment of the trial court docket defective.
The appellate court docket held, “Prosecution case was bereft of any credible proof that she (the sufferer) was a toddler. Credible and affordable doubt was created within the prosecution’s case concerning the age.
“It’s on document that the trial court docket got here to a conclusion on age primarily based on the proof of the witnesses regardless that none gave proof of experiencing PW2 beginning.”
Whereas delivering the judgment on Friday, the lead decide of the three-man panel, Justice Olukayode Bada, held that the trial court docket erred in convicting the appellant primarily based on “tainted” and ‘unreliable’ proof of his estranged spouse, Oluremi and the alleged survivor (names withheld).
The appellate court docket held that there have been materials contradictions within the proof gathered by the prosecution which shouldn’t have been relied on by the decrease court docket.
Justice Rahman Oshodi of the Lagos State Sexual Offences and Home Violence Court docket had on October 24, 2023, convicted and sentenced Olaleye to life imprisonment for raping his spouse’s teenage niece.
The decide held that the prosecution proved the 2 counts cost of defilement and sexual assault by penetration towards Olaleye.
He acknowledged that the proof that was offered earlier than the court docket, towards the convict was compelling and confirmed past affordable doubt.
Justice Oshodi additionally held that the confessional assertion of the convict which he made earlier than his former counsel, Mr. Olalekan Buruji, and the DPO of Anthony Police Station, Patricia when he acknowledged that he regretted his motion, proved that he dedicated the offences.
The decide additional held that Olaleye denying an undertaken made on the police station didn’t maintain water, including that the doc that he signed had his counsel, Buruji’s Nigerian Bar Affiliation seal on it.
“The convict is a harmful offender who needs to be ashamed of himself as he didn’t present any signal of regret.
“You confirmed no regret and it reveals that you’re a harmful man to the society, who needs to be locked away from the folks,” Oshodi stated.
However Olaleye, who was dissatisfied with the decision, by his lawyer, Kemi Pinheiro, SAN, filed an attraction on November 24, 2023, to overturn Justice Oshodi’s judgment.
All makes an attempt to succeed in the Lagos State Authorities to substantiate whether or not they may method the Supreme Court docket to problem the appellate court docket’s resolution proved abortive.