Lagos govt seeks supreme court intervention in medical doctor’s rape case

• In November, the court of appeal overturned the conviction, citing errors in the lower court’s judgment.
• The appellate court deemed the evidence provided by the prosecution to be “tainted” and “unreliable,” leading to Dr. Olaleye’s acquittal.

The Lagos state government has filed an appeal at the Supreme Court, contesting the acquittal of Femi Olaleye, a medical doctor previously convicted of rape.

Olaleye, managing director of Optimal Cancer Care Foundation, was sentenced to life imprisonment in October 2023 for defiling a minor and sexually assaulting the victim. However, the Lagos Court of Appeal overturned the conviction in November.

The appellate court deemed the original judgment flawed, labeling Oluremi Olaleye’s and the alleged survivor’s testimonies as “tainted” and “unreliable.” It suggested Oluremi was motivated by self-interest.

BACKSTORY OF THE CASE

Olaleye was initially arraigned in November 2022 on charges of defilement and sexual assault. He was accused of abusing his wife’s niece over 20 months.

In October 2023, Judge Rahman Oshodi convicted Olaleye and sentenced him to life imprisonment. Olaleye filed 35 grounds of appeal, leading to the appellate court’s decision to acquit him.

Civil rights groups petitioned Lagos State Attorney General Lawal Pedro to appeal the decision at the Supreme Court.

APPEAL DETAILS

The notice of appeal, filed by Babajide Martins and others, challenged the Court of Appeal’s decision. Three main grounds of appeal were cited.

Firstly, the Lagos government argued that the Court of Appeal erred in disregarding Section 209(2) of the Evidence Act, 2011.

Secondly, the appeal contested the Court of Appeal’s decision that the defendant’s confessional statements were wrongly admitted.

Thirdly, the Lagos government challenged the Court of Appeal’s ruling that the prosecution’s case was weakened by the failure to call two key witnesses.

The Lagos state government seeks an order from the Supreme Court to set aside the Appeal Court’s judgement and affirm Olaleye’s conviction and sentence.