Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, who was sentenced to life imprisonment for the alleged defilement of a minor has been set free by the Court of Appeal sitting in Lagos.
The Appeal Court set aside the Dr Olaleye’s life for an alleged inappropriate conduct involving his wife’s niece whi lived in the same house with them.
In a unanimous decision the panel of justices held that the trial court erred in convicting Olaleye based on “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi and the alleged victim (names withheld).
The Appellate Court said there were material contradictions in the evidence gathered by the prosecution which shouldn’t have been relied on by the lower Court.
Justice Jimi Bada, reading the lead judgment on behalf of the other two Judges also faulted the other evidence of the Prosecution during trial, which were from a child forensic specialist, a medical doctor from the Mirabel centre and the investigating officer, which were found to be “worthless”
In the words of the appellate Court, the trial Judge, Rahman Oshodi, descended in the arena and interfered in the proceedings to bridge the yawning gaps in the prosecution’s case.
It would be recalled that in October 2023, the special offences and domestic violence Court in Lagos convicted Olaleye on a two-count charge of alleged defilement of a minor.
Kate Henshaw, Nollywood Actress protested against Olaleye, calling for Justice to take its cause, alongside other notable Nollywood Actresses.
Rahman Oshodi, the Judge, had sentenced Olaleye to life imprisonment.
Delivering the judgment on Friday, the Court of Appeal also queried the prosecution’s failure to present material witnesses such as two family members who witnessed the appellants alleged confession.
The Court added that a trial within trial ought to have been conducted during trial to verify the voluntariness of the appellant’s confessional statements while in police custody, which he said he made under duress after he had been detained for six days.
The Court of Appeal determined all five issues of appeal against the prosecution and in favour of the appellant.
Discover more from The Source
Subscribe to get the latest posts sent to your email.