The Court of Appeal sitting in Lagos will on Friday, deliver judgment in the appeal filed by the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, challenging his conviction and sentence on a two count charge of defilement and sexual assault by penetration of a minor.
The court sent out notice of the judgment to parties in the suit on Thursday.
In October 2023, Justice Rahman Oshodi of the Lagos State Sexual Offences and Domestic Violence Court had sentenced Dr Olaleye, to life imprisonment for defiling his wife’s 16-year-old niece.
In his judgment, Justice Oshodi held that the prosecution, the Lagos State Government had proved the charge against the defendant and the evidence against him was compelling.
According to the judge, Olaleye’s confessional statement before his former counsel, Mr Olalekan Buruji, and the Divisional Police Officer at the Anthony Police Station, Lagos State, proved that he committed the offences.
The judge held that Olaleye said in the statement that he regretted his act.
The judge also held that Olaleye’s denial of the statement during trial did not hold water.
Justice Oshodi described the medical director as a dangerous offender who did not show any sign of remorse during trial.
The court found him guilty of the offence and also directed that Olaleye should have his name written in the Sexual Offences Register of the Lagos State Government.
During the trial, the convict’s wife, Aderemi Olaleye, had told the court in her testimony that her husband had been sexually abusing her niece during her stay in their house.
Mrs Olaleye said she got to know about the alleged crimes after the survivor confessed to her aunt and the family’s driver that the doctor had been sleeping with her and threatening to kill her if she tells anyone.
These offences contravene the provision of Sections 137 and 261 of the Criminal Law of Lagos State, 2015.
Dissatisfied with the judgment, Dr Olaleye in Nov. 2023, approached the court of appeal seeking to overturn the decision.
At the hearing of the appeal on Sept 24, 2024, the appellant through his lawyer, Senior Advocate of Nigeria, Kemi Pinheiro, argued that the the lower court erred when in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 years at the time of the offence, adding that there was no direct evidence from anyone who witnessed the birth of the alleged victim of the crime.
After listening to the briefs of both parties, the appellate court panel consisting of Justice Olukayode Bada, Justice Mohammad Ibrahim Sirajo, and Justice Folasade Ayodeji Ojo, reserved its judgment.
