The Court of Appeal in Lagos has discharged and acquitted the Medical Director of Optimal Cancer Care Foundation, Olufemi Olaleye, of sexual assaults after reviewing the evidence before it.
The decision came after the medical expert appealed the life sentence slammed on him for defiling and sexually assaulting a minor, specifically his wife’s niece.
Justice Jimi Bada, who delivered the lead judgment which was adopted by the other two justices on the panel on Friday, stated that the trial court made an error in its ruling.
The judge noted that by convicting Dr Olaleye based on “tainted” and “unreliable” evidence provided by his estranged wife, Oluremi, and the alleged victim (whose name has been withheld) was improper and not applicable to law.
The appellate court identified significant contradictions in the evidence collected by the prosecution which should not have been relied upon by the lower court.
Justice Bada criticized other prosecution evidence presented during the trial, including testimonies from a child forensic specialist, a medical doctor from the Mirabel Centre, and the investigating officer, which were deemed “worthless.”
The judge remarked that the trial judge, Rahman Oshodi, overstepped his role by interfering in the proceedings to fill the substantial gaps in the prosecution’s case.
During the proceedings, the Appellate court further questioned why the prosecution did not call key witnesses, such as two family members who were present during the appellant’s alleged confession.
Furthermore, the court noted that a trial within a trial should have been conducted to assess the voluntariness of the appellant’s confessional statements made while in police custody, which he claimed were given under duress after six days of detention.
Ultimately, the Court of Appeal resolved all five issues of appeal in favour of the appellant and against the prosecution.
