The Lagos division of the Court of Appeal has today discharged and acquitted Dr. Olufemi Olaleye of charges of defilement and sexual assault by penetration, overturning his conviction by Justice Rahman Oshodi of the High Court of Lagos State on October 24, 2023.
The unanimous decision was delivered by a three-member panel led by Justice Jimi Bada, who resolved all five issues raised by the Appellant, represented by his counsel, Dr. Kemi Pinheiro (SAN), during the hearing of the appeal on September 24, 2024.
In its ruling, the court found that the prosecution failed to prove the age of the alleged victim beyond a reasonable doubt. Supporting the arguments presented by Dr. Pinheiro, the court stated that there was a lack of credible evidence to establish that the alleged victim was a child. The court noted that the age of 16 years is a borderline age that cannot be determined solely by observing the witness.
The court also determined that credible and reasonable doubt had been established regarding the prosecution’s case concerning the age of the alleged victim, which is a crucial element in defilement cases.
In addressing the second issue in favor of the appellant, the court criticized the trial court’s method of admitting statements allegedly made by the appellant without conducting a trial within a trial, despite the appellant’s claim that these statements were not given voluntarily.
Furthermore, the court concluded that the failure to conduct a trial within a trial was detrimental to the prosecution’s case.
Regarding the second issue, the court ruled that the trial court erred in relying on statements it had acknowledged were made by the appellant under duress when convicting him.
In resolving issues three, four, and five collectively, the court found that none of the six witnesses provided credible or reliable evidence to support the prosecution’s case. Additionally, it labeled the appellant’s wife, Mrs. Aderemi Olaleye, who testified as PW1 in the trial court, as a “tainted witness,” noting that her motivations appeared to stem from greed and a desire to seize the appellant’s assets while he was incarcerated.
The Court of Appeal noted evidence from the trial court indicating that Mrs. Aderemi Olaleye had altered the ownership of the appellant’s car without his consent and had manipulated his signature regarding his bank account.
Additionally, the Court referenced documents in the case records showing that Mrs. Olaleye had pressured the appellant to transfer ownership of his house to her while he was in custody. The Court characterized her testimony as not only illogical but also an affront to reason.
The Court further determined that the medical doctor’s evidence was compromised and unreliable. As one Justice remarked, “This is what happens when instead of prosecuting an accused person, you are persecuting him.”
The Court of Appeal concluded that the Record of Appeal and the arguments presented clearly indicated that the trial court had overstepped its role during the proceedings. It suggested that the trial court had guided the prosecution counsel on their arguments and interfered in a way that assisted the prosecution in addressing gaps in their case.
Ultimately, the Court of Appeal allowed the appeal, overturned Dr. Olufemi Olaleye’s conviction as issued by the High Court of Lagos State on October 24, 2023, and consequently discharged him.
