The Lagos State Government has filed an appeal before the Supreme Court against the Court of Appeal’s judgment that nullified sexual assault conviction of the Managing Director of Optimal Cancer Care Foundation, Dr. Femi Olaleye.
Olaleye, a medical practitioner, was charged with child defilement and sexual assault by penetration and was convicted by the Lagos Special Offences and Domestic Violence Court in October 2023 and sentenced to life imprisonment.
However, in November 2024, 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.
In the appeal, which was signed by Dr. Babajide Martins, Director of Public Prosecutions (DPP), Ministry of Justice, The Secretariat, Alausa, Ikeja, and received on December 27, 2024, the state government urged the Supreme Court to set aside the judgment of the Court of Appeal delivered on November 29, 2024.
It also sought “an order of this honourable court affirming the conviction and sentences of the Respondent by the Trial Court in charge of ID/20289C/2022.”
It said further that “the Defendant/Respondent is not in custody having been discharged and acquitted by the Court of Appeal from the conviction and sentenced to life imprisonment by the High Court of Lagos State for the offences of Sexual Assault by penetration and Defilement of a Child.”
The state government stressed that the learned judges of the Court of Appeal erred in law when they held in total disregard of Section 209 (2) of the Evidence Act, 2011 and the decision of the Apex Court in Dagaya V State (2006) LPELR 912 (SC) that sworn evidence of PW2 a child of above fourteen (14) requires corroboration.
“By virtue of Section 209 (1) of the Evidence Act, 2011, a child who has not attained the age of 14 years shall not be sworn before giving evidence in any proceeding and by virtue of sub section (3), his evidence needs to be corroborated by some other material evidence implicating the defendant in the offence to be able to secure conviction.
“That PW2 gave sworn evidence as a child above 14 years old and statutory corroboration of her evidence is not required by virtue of Section 209 (2) and (3) of the Evidence Act, 2011 and as held in Iko v State (2001) LPELR 1480 (SC),” the document read.
