The Lagos Division of the Court of Appeal will today, Friday, November 29, deliver its ruling on the appeal filed by the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, who is challenging his rape conviction and life imprisonment sentence.
Olaleye was convicted in October 2023 by Justice Rahman Oshodi of the Lagos Sexual Offences and Domestic Violence Court for defiling his wife’s niece. The court held that the prosecution proved its case beyond reasonable doubt.
Dissatisfied with the verdict, Olaleye, through his lawyer, Dr Kemi Pinheiro (SAN), filed a 35-ground appeal in November 2023, seeking to overturn the conviction.
The appellant argued that there was no direct evidence to establish the alleged victim’s age, claiming the prosecution failed to provide documentation proving she was 16 years old at the time of the offence. Pinheiro also highlighted suspected inconsistencies in the victim’s testimony, pointing out that she did not initially accuse Olaleye of rape in her statement to the police.
“The testimony is full of contradictions,” Pinheiro argued. However, the prosecution countered that it had proven the offences of defilement and sexual assault by penetration beyond reasonable doubt. It emphasised that to establish defilement, it must be shown that the victim was underage and that the accused engaged in sexual intercourse with the child, irrespective of consent.
The prosecution maintained that all elements of the offence were established during the trial and that the trial judge relied on credible evidence to convict Olaleye. The case is being heard by a three-man panel comprising Justice Olukayode Bada, Justice Mohammad Sirajo, and Justice Folasade Ojo.