The Court of Appeal in Lagos has reserved judgment in the appeal filed by Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, who is challenging his conviction and life sentence for defiling his wife’s 16-year-old niece.
The court, presided over by Justice Olukayode Bada, along with Justices Mohammad Ibrahim Sirajo and Folasade Ojo, will deliver its judgment at a later date after hearing arguments from both parties.
The Explainer learned that on October 24, 2023, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court sentenced Dr. Olaleye to life imprisonment.
The court found him guilty of defilement and sexual assault by penetration, based on compelling evidence presented by the prosecution, led by the Lagos State Government.
Dissatisfied with the judgment, Dr. Olaleye appealed, seeking to overturn the decision.
During the appeal hearing on September 24, his lawyer, Senior Advocate of Nigeria Kemi Pinheiro, argued that the lower court erred in its judgment. Pinheiro contended that there was no direct evidence proving the alleged victim was 16 years old at the time of the offence, as no witness testified to her birth.
Chief State Counsel Olufunmi Aluko, representing the respondent, countered this argument. Aluko maintained that the prosecution had established the offences of defilement and sexual assault by penetration beyond reasonable doubt, leading to the conviction.
She emphasized that there were no contradictions in the testimonies of the prosecution witnesses.
To establish the offence of defilement, Aluko explained, it must be proven that the child is underage, that the accused had sexual intercourse with the child, and that the child’s consent is immaterial. She asserted that all these elements were proven during the trial, which the trial judge relied upon to convict Dr. Olaleye.
The prosecution’s witnesses included Mrs. Aderemi Fagbemi Olaleye (the appellant’s wife), police officers Esther Igbineweka and Inspector Abe Leonard, and Dr. Akinbunmi Oyebimpe, who examined the survivor. Their testimonies confirmed the survivor’s account of her age and the abuse she suffered.
Dr. Olaleye also argued that the medical report of the survivor’s examination did not implicate him.
However, Aluko responded that the judgment was not based solely on medical evidence. The medical report served to prove penetration, a critical element of the offence, and corroborated other compelling evidence presented during the trial.
The survivor testified that she confided in a school principal and psychologist, who then informed Mrs. Olaleye.
She recounted that Dr. Olaleye had been sexually abusing her since March 2020, introducing her to pornography and engaging in oral sex. She described how he would switch off or redirect the CCTV cameras in their home to avoid detection and threatened her to keep silent.
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The Court of Appeal inquired about the complainant’s interest in the case. Aluko clarified that Mrs. Olaleye acted in the interest of justice, as a grievous crime had been committed against the state. Mrs. Olaleye testified that she reported the crime to protect her daughter and nieces, stating, “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 eight 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 raised me will not let me rest to cover up evil regardless of if he is my husband or otherwise.”
The case now awaits the judgment of the Court of Appeal, which will determine whether Dr. Olaleye’s conviction and sentence will be upheld or overturned.
