In a bid to challenge his conviction for the alleged defilement of a minor, Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, has filed an appeal with the Court of Appeal.
Dr. Olaleye, sentenced to life imprisonment by the Ikeja Sexual Offences and Domestic Violence Court, claims that the lower court relied on faulty evidence presented by the prosecution.
Filed on November 24, the appeal, spearheaded by Dr. Olaleye’s lawyer, Dr. Kemi Pinheiro, SAN, outlines 35 grounds arguing for the appeal’s validity. Pinheiro asserts that the lower court erred in accepting the prosecution’s case without proper documentary evidence confirming the alleged victim’s age.
Pinheiro contends that throughout the trial, neither the prosecution nor the complainant provided any documentary proof of the survivor’s age, relying solely on oral evidence. He emphasizes that the prosecution’s failure to present the complainant’s birth certificate raises doubts about the alleged victim’s age at the time of the offense.
Additionally, Pinheiro highlights inconsistencies in the complainant’s testimony, pointing out that she did not initially accuse Dr. Olaleye of rape when interviewed by the police. He argues that the court should have questioned the delay between her statements to the police and her subsequent allegations.
The lawyer challenges the court’s reliance on medical evidence from Dr. Akinbunmi Oyebimpe of MIRABEL, asserting that the examination was conducted months after the alleged offense. Pinheiro argues that the court’s reliance on this evidence, which did not incriminate Dr. Olaleye, was erroneous.
*Pinheiro also questions the credibility of the prosecution’s witnesses, particularly Dr. Olaleye’s wife (PW1), arguing that her testimony was tainted with malice. He asserts that the court should have been cautious in relying on her evidence, given her potential bias against the appellant.*
*In seeking four reliefs, Pinheiro urges the appellate court to set aside the lower court’s decision, overturn the conviction, and discharge Dr. Olaleye of the alleged offenses.*
