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.

The Delta State Police Command arrested Ezekiel Elijah for allegedly defiling a 13-year-old girl in Aviara, Isoko area of the state. Police Public Relations Officer Bright Edafe disclosed this on (link unavailable) on Sunday.

Edafe stated that Elijah lured the minor into his room and defiled her. He also accused Elijah of taking advantage of the victim, who has a “hearing impairment.”

Edafe wrote, “Rape is different from defilement. For defilement, the consent of the underage girl is immaterial (which means, you can’t say she is my girlfriend).” He added that the 13-year-old girl Elijah defiled is “physically impaired.” Edafe said, “He took advantage of this child, lured her to his room and defiled her. May God help us.”

In a video, Elijah said he met the victim on his street and invited her to his house. He stated, “I knew her on the street. She was going out with her friend when I called both of them. She was the one who later answered me, and I asked her to follow me to my house. That was when I requested sex from her.”

Elijah claimed he didn’t know the girl was 13 years old. Edafe insisted that Elijah took advantage of the girl’s vulnerability, saying, “The offence of defilement is a clear one. She has not got to the age where she can decide for herself whether she wants to sleep with a man or not.”

Edafe disclosed that Elijah would be arraigned in court.

Jimmy Carter, a former president of the United States, has died.

The Democrat, who served as president from 1977 to 1981, passed away at the age of 100.

The Carter Centre announced that the 39th president of the US died on Sunday afternoon at his home in Plains, Georgia, surrounded by his family.

He is survived by four children, 11 grandchildren, and 14 great-grandchildren.

Carter became the first ex-US president to reach 100 years on October 1, 2024.

He lost his re-election bid to Ronald Reagan in 1981 and left the White House with low approval ratings amid economic turmoil.

Following his presidency, he dedicated himself to humanitarian work, which earned him the Nobel Peace Prize in 2002.

Rosalynn, Carter’s wife of 77 years, passed away in November 2023.

“My father was a hero, not only to me but to everyone who believes in peace, human rights, and unselfish love,” Chip Carter, his son, said in a statement after his passing.

“The world is our family because of the way he brought people together, and we thank you for honoring his memory by continuing to live these shared beliefs.”

Carter was the first US president to embark on a state visit to sub-Saharan Africa when he arrived in Lagos, Nigeria on March 31, 1978, with Olusegun Obasanjo, then military ruler, on hand to receive him.