The Court of Appeal in Lagos has discharged and acquitted Dr. Olufemi Olaleye, who was previously convicted of defilement and sexual assault by penetration by the High Court of Lagos State in October 2023.
In a unanimous decision delivered on [DATE], the Court of Appeal, led by Justice Jimi Bada, resolved all five issues raised by the Appellant’s counsel, Dr. Kemi Pinheiro SAN, in favor of Dr. Olaleye.
The court found that the prosecution failed to prove beyond reasonable doubt that the alleged victim was a child, as the age of 16 years was considered a borderline age that could not be determined solely by appearance. The court also criticized the trial court for admitting statements purportedly written by the Appellant without conducting a trial within trial, despite the Appellant’s claims that the statements were made under duress.
Furthermore, the Court of Appeal held that none of the six prosecution witnesses provided credible and reliable evidence to support the case against Dr. Olaleye. The court specifically referred to the testimony of the Appellant’s wife, Mrs. Aderemi Olaleye, who was deemed a tainted witness motivated by greed and a desire to take over the Appellant’s assets while he was in custody.
The court also found that the trial court had descended into the arena, assisting the prosecution in bridging gaps in its case and hinting at lines of argument for the prosecution counsel to proffer.
Consequently, the Court of Appeal set aside the conviction pronounced by the High Court of Lagos State on October 24, 2023, and discharged Dr. Olufemi Olaleye of all charges.
The Appellant’s legal team, led by Dr. Kemi Pinheiro SAN, expressed satisfaction with the Court of Appeal’s decision, stating that justice had been served and their client’s innocence had been established.