APPEAL COURT RESERVES JUDGEMENT IN DR. FEMI OLALEYE’S DEFILEMENT CASE
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The Court of Appeal in Lagos has deferred judgement in the appeal filed by Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, appealing his conviction and sentence on a two-count charge of defilement and sexual assault by penetration of a minor.
Justice Olukayode Bada presided over the court, which postponed judgement until a later date after the parties adopted their briefs of argument in the case.
The panel also includes Justices Mohammed Ibrahim Sirajo and Folasade Ojo.
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On October 24, 2023, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court sentenced Dr. Olaleye to life in prison for defiling his wife’s 16-year-old niece.
In his decision, Justice Oshodi determined that the prosecution, the Lagos State Government, had proven the charge against the defendant and that the evidence against him was convincing.
Dr. Olaleye, who was dissatisfied with the ruling, petitioned the court of appeals to overturn it.
At the appeal hearing on September 24, the appellant, represented by Senior Advocate of Nigeria Kemi Pinheiro, argued that the lower court erred in ruling that the alleged victim of the crime was a 16-year-old child at the time of the offence in the absence of any direct evidence, adding that there was no direct evidence from anyone who witnessed the alleged victim’s birth.
However, the respondent, through its counsel, Olufunmi Aluko, a Chief State Counsel, countered the appellant’s argument, stating that it had established the offences of defilement and sexual assault by penetration against the appellant beyond reasonable doubt, resulting in the appellant’s conviction by the lower court.
The response claimed that none of its witnesses’ testimonies contradicted each other.
The respondent contended that in order to establish the offence of defilement, the following must be proven: the child is underage, the accused had sexual intercourse with the child, and the child’s permission is irrelevant. She ruled that all of these were proven throughout the trial, on which the trial judge based his decision to convict the appellant.
The respondent also stated that the evidence of the prosecution witnesses, PW1 (Mrs. Aderemi Fagbemi Olaleye, the appellant’s wife), PW4 (Esther Igbineweka, a police officer from the Gender Section of the Nigeria Police), PW5 (Dr. Akinbunmi Oyebimpe, the medical doctor who examined the survivor), and PW6 (Inspector Abe Leonard, the police officer from the Anthony Police Station where the case was initially reported and investigated), confirmed the consistency of PW2 (Su
In his appeal, Dr. Olaleye also argued that the medical report of the survivor’s examination, which the court relied on, did not indict him as the perpetrator of the crime.
In response, state counsel argued that the lower court’s decision was not based solely on medical evidence, as the medical evidence was only used to prove a critical component of the offence of penetration, as well as to serve as corroborative evidence to prove that there was penetration into the survivor’s vaginal canal.
“The judgement was reached based on the medical evidence as well as other compelling and cogent legal evidence as produced and as adduced by the respondent at the lower court”.
“These are pieces of legal evidence which proved that the appellant was the actual person who committed the offence and no other person particularly as he was identified by the survivor”, the respondent stated.
At the lower court, the survivor had testified that she opened up to a school principal and psychologist, Aunty Tessy who called PW1 (Mrs Olaleye) immediately to inform her.
The survivor also testified that the appellant had been sexually abusing her, when she lived with his family, that he introduced her to pornography and further graduated to oral sex with her since March, 2020. She stated that the sexual abuse happened in their home, and the appellant does the act around 2 am daily after switching off the CCTV camera in the home or turning the direction of the camera. She further
stated that the appellant threatened her not to tell anyone.
The Court of Appeal also specifically inquired from the State Counsel, what interest the complainant, Mrs Olaleye, had to serve and Aluko responded that the complainant acted in the interest of justice, as a grievous crime against the State had been committed.
At the lower court, PW 1 in stating her reason for the report of the crime perpetrated by the appellant her husband of over (12) twelve years said, “My lord, I was raised to be a strong confident woman. Evil is evil regardless of who is perpetrating it. I have a girl child, I have 8 nieces who all look up to me, who stay with me…… My lord, if this is not curbed, the evil will continue, and my conscience and how my late mother has raised me will not let me rest to cover up evil regardless of if he is my husband or otherwise.
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