The Appeal court sitting in Lagos has acquitted Lagos based doctor, Olufemi Olaleye, of rape and sexual assault.
Justice Jimi Bada of the Court of Appeal who read the lead judgment, adopted by the two other justices on the panel held that thr trial court erred in convicting Dr olaleye based on “tainted” and ‘unreliable’ evidence of his estranged wife, Oluremi and the alleged survivor (names withheld).
NPO reports that the Special Offences and Domestic Violence Court in Lagos had in 2023 convicted Olaleye on a two-count charge of defilement of a child and sexual assault by penetration of his wife’s 16-year-old niece.
According to the appellate court, there were material contradictions in the evidence gathered by the prosecution which shouldn’t have been relied on by the lower court
Justice bada also faulted the other evidence of the Prosecution during trial, which were from a child forensic specialist, a medical doctor from the mirabel centre and the investigating officer, which were found to be “worthless”.
In Fridays judgment, the court of appeal also queries why the prosecution failed to present material witnesses such as two family members who witnessed the appellants alleged confession.
The court added that a trial within trial ought to have been conducted during trial to verify the voluntariness of the appellant’s confessional statements while in police custody, which he said he made under duress after he had been detained for six days.
The court of appeal determined all five issues of appeal against the prosecution and in favour of the appellant.′