By Lukman Olabiyi
Lagos State Government has approached the Supreme Court to challenge the Court of Appeal’s decision that overturned the conviction of Dr. Femi Olaleye, a medical doctor and managing director of the Optimal Cancer Care Foundation, for the defilement of his wife’s niece.
In October 2023, Olaleye was convicted by the Lagos Special Offences and Domestic Violence Court on two counts: defilement of a child and sexual assault by penetration.
These charges were brought against him by the state’s Ministry of Justice in November 2022.
However, in November 2024, the Court of Appeal acquitted Olaleye, citing errors in the lower court’s judgment.
The appellate court found the evidence presented by the prosecution to be “tainted” and “unreliable,” leading to the overturning of his conviction.
In response to this ruling, Civil Society Organizations (CSOs) exerted pressure on the state government to appeal the decision.
They petitioned the Lagos Attorney General, Lawal Pedro (SAN), urging the government to challenge the judgment at the Supreme Court to restore public trust in the justice system.
On December 27, the Lagos State Government filed an appeal with the Supreme Court, seeking to reverse the Court of Appeal’s acquittal of Olaleye.
The state government’s grounds for appeal include the argument that the appellate court erred in disregarding Section 209(2) of the Evidence Act, 2011, and the Supreme Court decision in Dagaya v. State (2006).
The state contended that the sworn evidence of a child above the age of fourteen (14) requires corroboration, as specified by Section 209(3) of the Evidence Act, 2011, which mandates that the evidence of a child under 14 needs corroboration to secure a conviction.
Additionally, the state has sought the following reliefs:
An order allowing the appeal and setting aside the judgment of the Court of Appeal delivered on November 29, 2024.
An order affirming the conviction and sentences imposed on Olaleye by the trial court in Charge No. ID/20289C/2022.
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