Reprieve came the way of the Medical Director of Optimal Cancer Care Foundation, Dr. Olufemi Olaleye, Friday, as the Appeal Court sitting in Lagos quashed his life sentence and discharged and acquitted him.
The appellate court upturned the decision of the Lagos State Sexual Offences and Domestic Violence Court which had sentenced Olaleye to life imprisonment for defiling his wife’s 16-year-old niece.
Justice Olukayode Bada, who read the lead judgment which was adopted by the two other justices on the panel, held that the trial court erred in convicting Dr. Olaleye based on the “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi, and the alleged survivor (names withheld).
The other members of the panel were Justice Mohammed Ibrahim Sirajo and Justice Folasade Ayodeji Ojo.
The appellate court held that there were material contradictions in the evidence presented by the prosecution which should not have been relied on by the lower court.
The Court of Appeal also faulted some other parts of the evidence of the prosecution during the trial, which was from a child forensic specialist, a medical doctor from the Mirabel Centre and the investigating officer, which were found to be “worthless”
The appellate court also held that the trial judge, Justice Rahman Oshodi, descended into the arena and interfered in the proceedings to bridge what it described as “the yawning gaps in the prosecution’s case”.
The Court of Appeal wondered why the prosecution failed to present material witnesses such as two family members who were said to have witnessed the alleged confession of the appellant.
The court added that a trial within trial ought to have been conducted to determine whether the referenced confessional statement of the appellant, while in police custody, was freely made or under duress.
Dr. alese had maintained that he made the statement under duress after having been detained for six days.
The Court of Appeal added all the contradictions and determined all five issues of appeal in favour of the appellant.