Appeal Court sets Dr Olaleye free from life jail, describes his wife as tainted witness motivated by greed

 

The Court of Appeal, Lagos Division on Friday upturned the judgement of Justice Rahman Oshodi of High Court of Lagos State by nullifying the conviction and jail term of Dr Olufemi Olaleye over alleged offences bothering on defilement and sexual assault by penetration.

In a unanimous decision, the three justices of the Appeal Court discharged and acquitted Dr.Olufemi Olaleye for the said offences of defilement and sexual assault by penetration.

Upon his conviction by Justice Rahman Oshodi on the 24th of October, 2023, he went to Court of Appeal to challenge the judgement.

In a unanimous decision read by the presiding Justice of the Appeal Court, Lagos Division, Justice Jimi Bada, they resolved all five issues as distilled by the Appellant through his counsel, Dr. Kemi Pinheiro (SAN) who had led a team of lawyers on behalf of the Olaleye when the appeal was heard on the 24th of September, 2024.

Delivering judgement on the appeal on Friday November 29, the appellate court held that the prosecution was unable to prove and establish the age of the alleged victim of the crime beyond reasonable doubt.

In upholding the arguments of the Appellant as put forward by Dr. Pinheiro (SAN), the court held that the prosecution’s case was bereft of any credible evidence that the alleged victim was a child as the age of 16 years being a boarder line age was not one which the court could determine by just seeing the witness.

The court held that credible and reasonable doubt had been created in the prosecution’s case in relation to age which is a critical ingredient for the offence of defilement.

In resolving issue two in favour of Dr Olaleye, the appellate court condemned the approach of the trial court in admitting in evidence statements purportedly written by the appellant without conducting a trial within trial, notwithstanding the fact that the appellant had stated that the statements were not written by him voluntarily.

The court held that the failure to conduct a trial within trial was fatal to the prosecution’s case.

In its conclusion on issue two, the court held that the trial court was wrong in relying on the very statements which it had acknowledged was written by the appellant under duress in convicting the appellant.

While resolving issues 3, 4 and 5 together, the court held that none of the six witnesses adduced credible and reliable evidence in proof of the prosecution’s case.

The Court of Appeal in particular held that the wife of the Appellant, Mrs Aderemi Olaleye who had given evidence as PW1 at the trial court was a tainted witness as it was apparent that she was motivated by greed and her desire to take over her husband assets while he was in custody.

The Court of Appeal referred to the evidence at the trial court where Mrs. Aderemi Olaleye had changed the Appellant’s ownership of his car without his consent, as well as his signature mandate in respect of his account in a commercial bank.

The Court also referred to documents which formed part of the records where Mrs. Olaleye had pressurized her husband to sign off his house to her while he was in custody.

The court also held that Mrs Olaleye’s testimony was not only illogical, but an affront to reason.

The Court further held that Mrs Olaleye’s evidence was impeached and unreliable. In the words of the Justice, “This is what happens when instead of prosecuting an accused person you are persecuting him.”

The Court of Appeal held that from the Record of Appeal and the arguments canvassed, it was obvious and apparent that the trial court descended into the arena in the course of determining the charge before it. The court held that the trial court had hinted the prosecution counsel the line of argument to proffer and interfered with the proceeding while assisting the prosecution to bridge the gap in its case.

In allowing the appeal, the appellate court set aside the conviction of Dr. Olufemi Olaleye as pronounced by the High Court of Lagos State on the 24th day of October, 2023 and accordingly discharged him.

Recall that the Medical Director of the Optimal Cancer Care Foundation, Doctor Olufemi Olaleye was found guilty of raping his wife’s niece by Justice Rahman Oshodi of the Ikeja Sexual Offenses and Domestic Violence on Tuesday 24th of October ,2023.

The judge ruled that the victim’s testimony and the medical professional who examined her were credible.

Justice Oshodi added that Olaleye’s confessional statement and exchange of WhatsApp and email messages with his wife were enough evidence against him.

According to Justice Oshodi, the victim was raped and made to suck the defendant’s manhood, as evidenced by the statement and undertaking he signed at Anthony Police Station with his lawyer Olalekan Buruji and his NBA seal.

Oshodi convicted Olaleye of defiling and sexually contacting a 16-year-old minor and established that the prosecution was able to prove its case beyond reasonable doubt, adding that all the evidence before the court corroborated with that of the victim.

Olaleye was charged on a two-count charge of defilement and sexual assault by penetration of his wife’s niece. He was alleged to have committed the offences between March 2020 and November 2021.

The defendant was arraigned on 30 November 2022, and he pleaded not guilty to the charge.
The prosecution called at least seven witnesses, but one was “withdrawn.”

The witnesses include the defendant’s wife, who reported the case to the police, the alleged survivor, (name withheld); a child forensic specialist, Bisi Ajayi-Kayode; police inspector Esther Igbineweka; medical examiner Akinbunmi Oyebimpe and Abe Leonard, a police officer.