By Lukman Olabiyi
The Lagos Division of the Court of Appeal has reserved judgement in the appeal filed by the Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, seeking to rescind the judgement of a lower court that convicted him of rape.
Olaleye was in October 2023 sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court for raping his wife’s niece, who was a teenager when the defilement happened.
In his judgement, Justice Rahman Oshodi held that the prosecution, the Lagos State Government, had proved the charge against the defendant and the evidence against him was compelling.
However, in the appeal filed by the convict through his lawyer Kemi Pinheiro (SAN), on November 24, 2023, Olaleye highlighted 35 grounds of appeal against the judgement of the lower court.
According to the appellant, the lower court erred when, in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 years at the time of the offence, adding that there was no direct evidence from anyone who witnessed the birth of the alleged victim of the crime.
The appellant stated that the prosecution did not tender any documentary evidence in support of its case that the alleged victim was 16 years old.
Olaleye’s lawyer claimed that the alleged victim’s testimony was full of inconsistencies, which contradicted the submission of the lower court.
The alleged victim, according to the appellant, did not make any accusation of rape in her statement to the police.
However, the respondent countered the appellant’s argument, noting that it had established the offences of defilement and sexual assault by penetration against the appellant beyond reasonable doubt, which led to the conviction of the appellant by the lower court.
The prosecution submitted that there were no contractions in any of the testimonies of its witnesses.
The respondent argued that to establish the offence of defilement, the following must be proven: that the child is underage; that the accused had sexual intercourse with the child; and that the consent of the child is immaterial. Held that all these had been proven in the course of the trial, which the trial judge relied on to convict the appellant.
The respondent further stated that the evidence of the prosecution witnesses PW1 (Mrs Aderemi Fagbemi Olaleye, the appellant’s wife), PW4 ( Esther Igbineweka, a police officer from the Gender Section of the Nigeria Police), PW5 (Dr Akinbunmi Oyebimpe, the medical doctor that examined the prosecutrix), and PW6 (Inspector Abe Leonard, the police officer from the Anthony Police Station where the case was initially reported and investigated) confirmed the consistency of the PW2 (victim) account as to her age.
After listening to the briefs of both parties, the appellate court has reserved its judgement
The panel that presided over the appeal included Justice Olukayode Bada, Justice Mohammed Ibrahim Sirajo, and Justice Folasade Ayodeji Ojo.
