The Lagos State Government has escalated its case against Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, to the Supreme Court. This move follows the Court of Appeal’s decision to overturn Olaleye’s conviction for allegedly defiling a 16-year-old girl. The appeal seeks to reinstate the life imprisonment sentence initially handed down by the Lagos State Sexual Offences and Domestic Violence Court in October 2023.
Olaleye was found guilty of sexually assaulting his wife’s niece, but the Court of Appeal, Lagos Division, quashed the conviction on November 29, 2024, citing inconsistencies in the prosecution’s evidence. The state government, unconvinced by the appellate court’s ruling, has filed an appeal at the Supreme Court, urging the apex court to uphold the original verdict.
In response, Olaleye’s counsel, Chief J.S. Okutepa, has filed a Notice of Preliminary Objection, seeking to strike out the appeal for lack of competence. However, the Lagos State Government has asked the Supreme Court to dismiss the objection, describing it as “misconceived, unfounded, and rooted in mere technicality.”
The government has raised four issues for determination, including whether the age of the victim, an undisputed fact throughout the trial, could lawfully be revisited or challenged at the appellate level. The state maintains that it had proven the charges of child defilement and sexual assault by penetration beyond reasonable doubt, citing credible and consistent evidence presented during the trial.
The case has significant implications for the prosecution of sexual offences in Nigeria, particularly in cases involving minors. The Supreme Court’s decision will likely set a precedent for future cases and provide clarity on the application of the law in such instances. As the case progresses, it is expected to garner significant attention and scrutiny, with many watching to see how the Supreme Court will rule on the matter. The outcome will ultimately determine whether justice is served for the alleged victim and whether the state’s efforts to prosecute sexual offenders are upheld.