A’Court released and acquitted Lagos doctor convicted of raping his wife’s niece — Nigeria — The Guardian Nigeria News – Nigeria and World News

The Lagos District Court of Appeal on Friday ruled that Optimal Cancer Care Foundation Medical Director, Dr. He discharged and acquitted Olufemi Olaleye, convicting him of sexually assaulting and defiling a minor, his wife’s nephew, and sentencing him to life imprisonment.

The appellate court ruled that the first instance court ruled that Dr. He ruled that he erred in convicting Olaleye based on “flawed” and “unreliable” evidence involving his estranged wife, Oluremi, and his alleged survivor (names withheld).

The lower court, the Lagos Sexual and Domestic Violence Tribunal, was appointed in 2023 by Dr. He had convicted Olaleye of a rape charge leveled against him by the state government.

Unsatisfied with the decision, Olaleye went to his lawyer, Dr. He filed an appeal through Kemi Pinheiro (SAN), challenging his conviction, life imprisonment for defilement and sexual assault by penetration of a minor (his wife’s nephew).
In the unanimous decision of the three-person panel of the Court of Appeals and read by Judge Jimi Bada, it was stated that there were material contradictions in the evidence collected by the prosecution that the lower court should not rely on.

The court ruled that the court of first instance, Dr. He said he made a mistake in convicting Olaleye based on “flawed” and “unreliable” evidence involving his estranged wife, Oluremi, and his alleged survivor (names withheld).

During the hearing, Judge Bada also faulted other prosecution evidence, which a child forensic expert, a medical doctor from the Mirabel Center and the investigating officer found to be “worthless”.

In the appellate judge’s words, the trial judge stepped into the arena and intervened in the proceedings to close the widening holes in the prosecution’s case.

The appeals court also questions why the prosecution failed to present material witnesses, such as two family members who witnessed the appellant’s alleged confession.

The court added that a hearing should be held during the trial to verify the voluntariness of the appellant’s confessions in police custody, which he said he made under duress after six days in custody.

The appellate court decided all five appeal issues against the prosecution and in favor of the appellant. Therefore, he discharged and acquitted the defendant.