The Lagos State Government has filed an appeal at the Supreme Court, challenging the Court of Appeal’s decision to discharge and acquit Dr. Olufemi Olaleye, a 58-year-old medical director, of charges relating to the alleged defilement of his wife’s niece.
In a judgment delivered on October 24, 2023, Justice Rahman Oshodi of the Lagos State Special Offences and Domestic Violence Court found Dr. Olaleye guilty on two counts: child defilement and sexual assault by penetration. The court based its conviction on Olaleye’s confessional statement, made in the presence of his lawyer, Olalekan Buruji, and the Divisional Police Officer of the Anthony Police Station, where he expressed regret for his actions.
However, in November 2024, the Court of Appeal overturned this ruling, acquitting Dr. Olaleye and citing significant flaws in the prosecution’s case. Justice Jimi Olukayode Bada, who delivered the appellate court’s judgment, highlighted material contradictions in the evidence presented, deeming it “tainted” and “unreliable.”
The appellate court further criticized the testimony of a child forensic specialist, a doctor from the Mirabel Centre, and the investigating officer, describing their evidence as lacking credibility. Justice Bada also noted that the trial judge compromised the integrity of the proceedings by attempting to address gaps in the prosecution’s case.
Unwilling to accept the appellate court’s decision, the Lagos State Government filed a notice of appeal dated December 27, 2024, seeking a Supreme Court reversal. The state argued that the Court of Appeal erred in disregarding Section 209(2) of the Evidence Act, 2011, and the precedent set by the Supreme Court in Dagaya v. State (2006).
Additionally, the government contended that the evidence of a child above the age of 14 requires corroboration, as stipulated in Section 209(3) of the Evidence Act, 2011. The state is requesting the Supreme Court to reinstate the conviction and sentencing handed down by the trial court in case ID/20289C/2022.
The appeal seeks the following reliefs:
- An order allowing the appeal and overturning the Court of Appeal’s judgment.
- An order affirming the conviction and sentence issued by the trial court.
The case underscores the complexity and sensitivity surrounding legal proceedings in child abuse cases, with the Supreme Court now set to deliberate on the balance between procedural fairness and the pursuit of justice.
