The Lagos State Government has filed an appeal at the Supreme Court to overturn the judgment of the Court of Appeal, which nullified the conviction of Dr. Femi Olaleye, Managing Director of Optimal Cancer Care Foundation. Dr. Olaleye had previously been convicted on charges of child defilement and sexual assault by penetration.
The notice of appeal, filed on December 27, 2024, by Lagos State’s Director of Public Prosecutions (DPP), Dr. Babajide Martins, and other senior legal officers, presents three grounds of appeal challenging the entirety of the appellate court’s decision.
The Lagos State Government argues that the appellate court erred by ruling that the sworn evidence of a child above 14 years requires corroboration, disregarding Section 209(2) of the Evidence Act, 2011, and precedents set by the Supreme Court in similar cases.
The government contends that the Court of Appeal wrongly rejected the defendant’s confessional statements, claiming the trial court did not conduct a trial within a trial. The appeal argues that the admissibility of such statements, governed by Sections 28 and 29 of the Evidence Act, does not necessitate a trial within a trial if no objection is raised during admission.
Lagos State also disputes the appellate court’s finding that the prosecution’s failure to call certain witnesses, including a divisional police officer and a family member, was detrimental to the case. The government asserts that prosecution is not required to present all witnesses, and a single cogent eyewitness account is sufficient to establish guilt.
The Lagos State Government is asking the Supreme Court to: Overturn the judgment of the Court of Appeal delivered on November 29, 2024.
Reinstate the trial court’s conviction and sentencing of Dr. Olaleye to life imprisonment.
In November 2022, Dr. Olaleye was arraigned before the Lagos State Domestic and Sexual Violence Court in Ikeja. He was charged with defiling his wife’s niece, introducing her to pornography, and engaging in sexual acts with her.
In October 2023, Justice Rahman Oshodi found him guilty based on evidence, including his confessional statement, and sentenced him to life imprisonment on two counts. The judge described Olaleye as a dangerous offender who showed no remorse.
However, in November 2024, the Court of Appeal overturned the conviction, citing material contradictions in the prosecution’s evidence and procedural errors, including the absence of a trial within a trial for the confessional statements.
The Lagos State Government has now escalated the case to the Supreme Court, seeking to restore the original judgment and ensure justice is served.
