The Court of Appeal, Lagos Division, has overturned the conviction of Dr. Olufemi Olaleye for defilement and sexual assault by penetration. This decision, delivered today by Justice Jimi Bada, presiding justice of the appellate court, annulled the October 24, 2023 ruling of Hon. Justice Rahman Oshodi of the Lagos State High Court.

In a unanimous judgment, the court resolved all five issues raised by the appellant, represented by lead counsel Dr. Kemi Pinheiro (SAN), during the appeal hearing on September 24, 2024. The Court of Appeal held that the trial court’s verdict was perverse, citing several critical errors in the prosecution’s case and the trial court’s proceedings.

The appellate court found that the prosecution failed to establish beyond a reasonable doubt that the alleged victim was a minor, a key element in proving the offence of defilement. The court emphasized that the borderline age of 16 years could not be presumed by merely observing the witness. It ruled that credible evidence of age was absent, creating reasonable doubt in the prosecution’s case.

The Court condemned the trial court’s decision to admit statements allegedly made by Dr. Olaleye without conducting a trial-within-trial, despite the appellant’s claim that the statements were made under duress. The appellate court held that this procedural failure fatally undermined the prosecution’s case and made reliance on those statements improper.

The court also addressed the credibility of prosecution witnesses, particularly Mrs. Aderemi Olaleye, the appellant’s wife and the primary witness. The Court of Appeal described her testimony as tainted and motivated by greed, citing instances where she attempted to take control of the appellant’s assets during his detention. These actions included changing ownership of his car and pressuring him to sign over his house. The court concluded her testimony was illogical and unreliable.

The medical evidence presented at the trial was similarly dismissed as impeached and untrustworthy. The appellate court remarked that the prosecution’s approach resembled persecution rather than lawful prosecution.

The Court of Appeal criticized the trial judge for descending into the arena and interfering in the proceedings. The appellate court noted instances where the trial judge guided the prosecution’s arguments, thereby compromising the neutrality of the judicial process.

In its final judgment, the Court of Appeal set aside the conviction and sentence imposed on Dr. Olaleye by the Lagos State High Court. It discharged and acquitted him of all charges, bringing the controversial case to a decisive conclusion.

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