The Lagos State government has filed a notice of appeal at the Supreme Court, seeking to overturn the recent acquittal of Femi Olaleye, a medical doctor who was previously convicted of rape.
Olaleye, the managing director of the Optimal Cancer Care Foundation, was sentenced to life imprisonment in October 2023 by the Lagos Special Offences and Domestic Violence Court for defiling a child and sexually assaulting the victim.
However, in November, a three-member panel at the Lagos Court of Appeal overturned the conviction, discharging and acquitting the doctor.
The appellate court ruled that the original judgment was flawed, describing the testimonies of Oluremi Olaleye, the defendant’s wife, and the alleged survivor as “tainted” and “unreliable.”
It further suggested that Oluremi was “motivated by greed and the desire to take over the appellant’s assets upon his incarceration.”
“Case Background”
Olaleye was initially arraigned in November 2022 on charges of defilement of a child and sexual assault by penetration.
He was accused of sexually abusing his wife’s niece over a period of 20 months.
In October 2023, Rahman Oshodi, a judge at the Special Offences Court, convicted Olaleye and sentenced him to life imprisonment.
Following his conviction, Olaleye filed 35 grounds of appeal, which led to the appellate court’s decision to quash the conviction and acquit him.
In response to the ruling, civil rights groups petitioned Lawal Pedro, the Lagos State Attorney General, to appeal the decision at the Supreme Court.
“The Notice Of Appeal”
The notice, filed by Babajide Martins, Director of Public Prosecutions (DPP); Adebayo Haroun, a director in the Ministry of Justice; and Babajide Boye, a deputy director; along with three other counsels, challenged the entire decision of the Court of Appeal.
The notice includes three main grounds of appeal.
Ground One: Corroboration Of Testimony.
The Lagos government argued that the Court of Appeal erred in law when it disregarded Section 209(2) of the Evidence Act, 2011, and the Apex Court’s decision in Dagaya v. State.
The appeal contended that the appellate court wrongly required corroboration for the sworn evidence of the victim, despite her being over 14 years old.
The Lagos government asserted that the appellate court’s decision to demand corroboration was in direct contradiction to the relevant legal provisions, which do not require corroboration for sworn evidence from a victim above the age of 14.
Ground Two: Confessional Statements.
The second ground of appeal contested the Court of Appeal’s decision that the confessional statements of the defendant—Exhibits H, HI, and H2—were wrongly admitted by the trial court.
The Lagos government argued that the trial court correctly admitted these confessional statements, as the defendant did not raise objections to their admissibility at the time they were tendered, as stipulated under Sections 28 and 29 of the Evidence Act, 2011.
The appeal asserted that a trial within a trial is not necessary when the objection to the admissibility of a confessional statement has been withdrawn, as was the case.
Furthermore, the Lagos government claimed that the defendant was cross-examined on his earlier statements, which is permitted under Section 232 of the Evidence Act, 2011.
Ground Three: Absence Of Key Witnesses.
The third ground of appeal challenged the Court of Appeal’s ruling that the prosecution’s case was weakened by the failure to call two key witnesses—DPO Patricia Amadi and Aunty Tessy.
The Lagos government maintained that the law does not require the prosecution to call all witnesses listed in the case.
The government said the absence of these witnesses did not harm the prosecution’s case, as other testimonies, particularly from the victim and other witnesses, established the necessary elements of the offence.
Additionally, the state noted that the absence of DPO Amadi, who was not the investigating police officer in the case, did not invalidate the prosecution’s case, as evidence from the actual investigating officer, PW6, was sufficient.
The Lagos State government is therefore seeking an order from the Supreme Court to allow the Appeal Court to set aside its judgment delivered on November 29, 2024, and affirm the conviction and sentence of Olaleye as delivered by the trial court.
BIG STORY1 day ago
BIG STORY3 days ago
BIG STORY1 day ago
BIG STORY5 days ago
BIG STORY18 hours ago
BIG STORY3 days ago
BIG STORY3 days ago
BIG STORY16 hours ago