Sexual Assault: Appeal Court Acquits Dr Olaleye

Steve Aya

The Lagos Division of the Appeal Court, on Friday, discharged and acquitted Dr Olufemi Olaleye for the offences of defilement and sexual assault by penetration, following his conviction by Justice Rahman Oshodi of the High Court of Lagos State on October 24, 2023.

The Appeal Court presided over by Hon. Justice Jimi Bada, JCA, in the unanimous decision resolved all five issues as distilled by the Appellant through his Counsel, Dr Kemi Pinheiro, SAN, who had led a team of Lawyers on behalf of the Appellant when the Appeal was heard on September 24, 2024. 

In discharging and acquitting Dr Olaleye, the three-man Panel held that the prosecution was unable to prove and establish the age of the alleged victim of the crime beyond reasonable doubt. 

In upholding the arguments of the Appellant as put forward by his Lawyer, Dr Pinheiro, SAN, the court held that the prosecution’s case was bereft of any credible evidence that the alleged victim was a child of the age of 16 years, being a border line age, which was not one which the court could determine by just seeing the witness. The court also held that credible and reasonable doubt had been created in the prosecution’s case in relation to age, which is a critical ingredient for the offence of defilement. 

The court in resolving issue two in favour of the Appellant condemned the approach of the trial court in admitting in evidence, statements purportedly written by the Appellant without conducting a trial-within-trial, notwithstanding the fact that the Appellant had stated that the statements were not written by him voluntarily. The court further held that, the failure to conduct a trial-within-trial was fatal to the prosecution’s case. 

In its conclusion on issue two, the court held that the trial court was wrong in relying on the very statements that it had acknowledged were written by the Appellant under duress, in convicting the Appellant.

Resolving issues 3, 4, and 5 together, the court held that none of the six witnesses adduced credible and reliable evidence in proof of the prosecution’s case. Adding that the wife of the Appellant, Mrs Aderemi Olaleye, who had given evidence as PW1 at the trial court was a ‘tainted witness’, as it was apparent that she was motivated by greed and her desire to take over the Appellant’s assets while he was in custody. 

The Court of Appeal referred to the evidence at the trial court, where Mrs Aderemi Olaleye had changed the Appellant’s ownership of his car without his consent, as well as his signature mandate in respect of his account in a commercial bank. The Court also referred to documents that formed part of the records, where Mrs Olaleye had pressurised the Appellant to sign off his house to her while he was in custody. Adding that, Mrs Olaleye’s testimony was not only illogical, but an affront to reason.

The Court further held that, the medical doctor’s evidence was impeached and unreliable. In the words of the Justice, “This is what happens when instead of prosecuting an accused person, you are persecuting him”.

The Court of Appeal held that from the Record of Appeal and the arguments canvassed, it was obvious and apparent that the trial court descended into the arena in the course of determining the charge before it. And, that the trial court had hinted to the prosecution Counsel the line of argument to proffer, and interfered with the proceeding while assisting the prosecution in bridging the gap in its case. 

The Court of Appeal in allowing the appeal and setting aside the conviction of Dr Olufemi Olaleye, as pronounced by the High Court of Lagos State on October 24, 2023, accordingly discharged and acquitted him.