Lagos State Government has taken its fight to the Supreme Court, seeking to overturn the acquittal of Dr. Olufemi Olaleye, the 58-year-old medical director accused of defiling his wife’s niece. The move follows the controversial decision by the Court of Appeal to release Dr. Olaleye, citing flaws in the lower court’s judgment.
The case, which has gripped public attention, began in October 2023, when Justice Rahman Oshodi of the Lagos State Special Offences and Domestic Violence Court found Dr. Olaleye guilty of defiling a minor and sexual assault by penetration. The judge based his ruling on the defendant’s alleged confessional statements to his lawyer, Olalekan Buruji, and the DPO of Anthony Police Station, where he reportedly expressed regret for his actions.
However, in November 2024, the Court of Appeal overturned the conviction, describing the evidence presented by the prosecution as “tainted” and “unreliable.” Justice Jimi Olukayode Bada, delivering the appellate court’s decision, pointed out significant inconsistencies in the testimonies of key witnesses, including a child forensic specialist, a Mirabel Centre medical doctor, and the investigating officer. The appellate court went as far as to label parts of their evidence as “worthless,” accusing the trial judge of attempting to bridge gaps in the prosecution’s case.
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Undeterred by the setback, the Lagos State Government filed its appeal to the Supreme Court on December 27, 2024, arguing that the appellate court erred in its interpretation of the law. Among the grounds for appeal is the claim that the Court of Appeal disregarded Section 209(2) of the Evidence Act of 2011 and a precedent set by the Supreme Court in *Dagaya v. State (2006)*.
The government also contends that the sworn testimony of children over 14 years of age requires corroboration, as stipulated in Section 209(3) of the Evidence Act. This provision mandates corroboration for the evidence of a child under 14 to secure a conviction, a standard the state believes the appellate court failed to uphold.
In its filing, the Lagos State Government seeks several reliefs, including an order to overturn the Court of Appeal’s decision and reinstate Dr. Olaleye’s conviction and sentence, as originally imposed by the trial court under Charge No. ID/20289C/2022.
