Appeal Court quashes Lagos doctor’s rape conviction

The Court of Appeal, Lagos, on Friday, discharged and acquitted the Medical Director of Optimal Cancer Care Foundation, Dr. Olufemi Olaleye, of rape charge following a successful appeal.

Justice Rahman Oshodi of the Lagos Sexual Offences and Domestic Violence Court, Ikeja, had on October 24, 2023, sentenced the medical director to life imprisonment for defiling his wife’s 16-year-old niece.

Dissatisfied with the judgment, Olaleye’s new counsel, Kemi Pinheiro (SAN), appealed the decision of the lower court in November last year.

In Friday’s proceeding, a three-member panel of the appellate court led by Justice Olukayode Bada acquitted the medical doctor on the charge.

Other members of the panel are – Justice Mohammad Sirajo and Justice Folasade Ojo.

Justice Bada read the judgment which was adopted by the other justices.

In his judgment, he held that the lower court erred in law by convicting Olaleye based on tainted and unreliable evidence of his estranged wife, Oluremi, and the alleged survivor.

He said there were material contradictions in the evidence gathered by the prosecution which should not have been relied upon by the lower court.

Bada also faulted the evidence of the forensic specialist and that of the investigating police officer.

The judge held that the lower court descended in the arena and interfered in the proceedings by bridging the yawning gaps in the prosecution’s case.

He also wondered why the prosecution failed to present material witnesses such as two family members who witnessed Olaleye’s alleged confession.

Justice Bada said: “The prosecution’s case was bereft of any credible evidence that the survivor was a child.

“It was on record that the trial court concluded age based on the evidence of the witnesses, even though none gave evidence of experiencing her birth.

“Since none of the witnesses gave evidence on birth, the trial court was wrong to rely on their evidence that the survivor was a child, as evidence of all the witnesses on the issue of age was hearsay.

“Age was critical and 16 years was a borderline age which the court could not determine by just seeing the witness.”

He added that a trial-within-trial should have been conducted during the trial to verify the voluntariness of Olaleye’s confessional statements while in police custody.

“Olaleye said he made the statement under duress after he was detained for six days.

“To make matters worse, the trial court went to rely on the said statement even though it acknowledged that the appellant said it was written under duress.

“The issue of voluntariness was raised in respect of his statements and since his statements were not voluntary, the lower court ought to have ordered a trial-within-trial.

“Failure of the trial court to conduct inquiry leaves the age in doubt and is resolved in favour of the appellant,” the judge added.

He stressed that the lower court’s failure to conduct trial-within-trial was fatal to the prosecution’s case and rendered the exhibits useless.

On the issue of the WhatsApp message on Olaleye’s phone, the judge held that the prosecution could not puncture the case of the appellant that his phone was with his wife as she had admitted.

According to him, there is a possibility that the email was contrived at the time Olaleye’s wife had access to his phone.

The post Appeal Court quashes Lagos doctor’s rape conviction appeared first on Latest Nigeria News | Top Stories from Ripples Nigeria.