Justice Olukayode Bada Set Lagos Doctor Femi Olaleye Free of Raping
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Appeal court has overturned the judgment of the Lagos state sexual offences and domestic violence court on Dr. Olufemi Olaleye, the medical director of Optimal Cancer Care Foundation, thus freeing him of all charges and has released him.
Justice Olukayode Bada of Lagos State Court of appeal gave the judgment which was adopted by two other panel members whose names Justice Mohammed Ibrahim Sirajo and Justice Folasade Ayodeji Ojo, on Friday, November 29.
Recalled that the Lagos State Sexual Offences and Domestic Violence Court, which had earlier sentenced Dr. Olaleye to life imprisonment for defiling his wife’s 16 year old niece.
Justice Olukayode Bada ruled that the trial court made an error in convicting Dr. Olaleye based on the tainted and unreliable testimony of his estranged wife, Oluremi, and the alleged victim whose name was not disclosed.
Delivering the judgement ,the court also analysed other aspects of the prosecution’s evidence presented during the trial, including testimony from a child forensic specialist, a medical doctor from the Mirabel Centre, and the investigating officer, deeming them ‘worthless.’
Court of Appeal ruled on all five issues raised in the appeal, siding with the appellant and against the prosecution.
The appellate court also observed that the trial judge, Justice Rahman Oshodi, became involved in the proceedings, attempting to fill what it called ‘the significant gaps in the prosecution’s case.’
Also added in its judgment, the Court of Appeal further questioned why the prosecution did not present key witnesses, such as two family members who were reported to have witnessed the appellant’s alleged confession.
It is also noted that a trial within a trial should have been held to assess the voluntariness of the appellant’s confessional statements made while in police custody, particularly since he claimed they were given under duress after being detained for six days, said the court.
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