The Court of Appeal in Lagos has reserved judgment on the appeal filed by the medical director of Optimal Cancer Care Foundation, Dr. Femi Olaleye, who was sentenced to life imprisonment for rape.
On October 24, 2023, Lagos State Sexual Offences and Domestic Violence Court presided over by Justice Rahman Oshodi convicted Olaleye for defiling his wife’s niece said to be 16 years old.
Olaleye however filed an appeal through his lawyer Kemi Pinheiro (SAN) in November 2023.
In his 35 grounds of appeal, Olaye contended that there was no direct evidence confirming the alleged victim’s age, asserting that the prosecution failed to provide any documentation to support its claim that she was 16 years old at the time of the offence.
He contended that the alleged victim’s testimony was riddled with inconsistencies, noting that she did not initially accuse him of rape when making her statement to the police.
In response, the prosecution maintained that it had established the offences of defilement and sexual assault by penetration beyond reasonable doubt which justified the conviction.
The prosecution asserted that to prove the offence of defilement, it must be established that the child was underage and that the accused engaged in sexual intercourse with the child, regardless of consent.
The prosecution argued that all elements had been proven during the trial and that the trial judge relied on this evidence to convict the appellant.
They further insisted that there were no contradictions in the testimonies of their witnesses.
The appellate panel, comprising Justice Olukayode Bada, Justice Mohammad Sirajo, and Justice Folasade Ojo, listened to the arguments from both sides and subsequently reserved its judgment.