Olaleye, Lagos Doctor Convicted For Rape Appeals Judgement

The Medical Director of the Optimal Cancer Care Foundation, Dr. Olufemi Olaleye, who was convicted weeks ago, has submitted a request to the Court of Appeal to overturn the conviction he received from the lower court for rape, Naija News reports.

Recall that on October 24, the Lagos Sexual Offences and Domestic Violence Court in Ikeja found Olaleye guilty of sexually assaulting his wife’s 16-year-old niece and sentenced him to life imprisonment.

The presiding judge, Justice Rahman Oshodi, determined that the prosecution had successfully proven the charges of defilement and sexual assault by penetration against Dr. Olaleye.

However, in a notice of appeal seen by journalists on Wednesday, Olaleye, represented by his lawyer, Dr Kemi Pinheiro, SAN, argued that the lower court erred in relying on the prosecution’s evidence against him.

He argued that the prosecution’s case lacked cogent or credible independent corroborative evidence.

“The law is trite that in cases of defilement or sexual assault of a child, the evidence of such child must be corroborated. See: James vs State of Lagos (2021) LPELR-52456 (CA); Eze vs State (2019) LPELR-47984 (CA); Aje vs State (2019) LPELR-46828 (CA).

“Such corroboration must be credible, outside and independent of the testimony of the child. The evidence of all the witnesses of the prosecution that purportedly corroborated the testimony of PW2 were all derived from PW2 herself.

“Furthermore, such corroboration must not only indicate that the crime was committed but must also show that the Defendant indeed committed the offence,” the PUNCH quoted the appeal document.

Additionally, he stated that the lower court made a legal mistake by not utilizing Section 167(d) of the Evidence Act 2011 when the prosecution neglected to provide the birth certificate of the purported victim.

“The law mandates a court of law to presume that evidence which could be and is not produced by a party has been willfully withheld by that party because same was unfavorable to it.

“The birth certificate or any document in relation to the date of birth of the alleged victim of the crime ought to have been in the custody of the prosecution or the victim. The prosecution elected not to present the said birth certificate or any document in that regard.

“In the circumstances, the Honourable Lower Court ought to have invoked Section 167(d) of the Evidence Act 2011. See State. vs. Sunday (2019) 9 NWLR pt. 1676 pg. 115; State vs. Salawu (2011) 18 NWLR pt. 1279 pg. 580,” Pinheiro said.

He, however, prayed the appellate court to discharge and acquit him.

He is seeking “An order of this honourable court discharging and acquitting the appellant of the offences spelt out on the face of the information filed in Charge No: ID/20289C/2022.

“An order of this honourable court setting aside the decision of the honourable lower court contained in the judgment delivered on the 24th day of October 2023 in charge No: ID/20289C/2022.”