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The Lagos State Government has appealed the decision of the Court of Appeal that overturned the conviction of Dr. Femi Olaleye, the Managing Director of Optimal Cancer Care Foundation. The appeal is aimed at having the Supreme Court review the case following Olaleye’s acquittal.
Dr. Olaleye, a medical professional, was initially convicted by the Lagos Special Offences and Domestic Violence Court in October 2023 for charges of child defilement and sexual assault by penetration, which led to a life imprisonment sentence. However, in November 2024, the Court of Appeal reversed this conviction, citing errors in the original ruling.
The appeal court’s decision resulted in Olaleye’s acquittal, but the Lagos State Government is challenging this ruling. The government is now seeking the Supreme Court’s intervention to overturn the appellate court’s judgment.
The Court of Appeal had criticized the prosecution’s evidence, deeming it “tainted” and “unreliable,” which contributed to the acquittal of Olaleye.
In the appeal filed on December 27, 2024, by Dr. Babajide Martins and his legal team from the Directorate of Public Prosecutions (DPP), the state government argued that the appellate court had made significant legal errors. The government is requesting the Supreme Court to set aside the November 29, 2024, judgment and reinstate the conviction handed down by the trial court.
The appeal document specifically pointed out three key grounds for challenging the acquittal. It emphasized that the Court of Appeal had disregarded Section 209(2) of the Evidence Act, 2011, and the Supreme Court’s ruling in Dagaya v. State (2006). According to the appeal, the prosecution’s case, particularly the testimony of a child witness over the age of 14, should have required corroboration, which the Court of Appeal allegedly overlooked.
Under Section 209 of the Evidence Act, a child witness who is over 14 years old does not require corroboration of their testimony, contrary to what was argued by the Court of Appeal in this case.
