The Lagos State Government has approached the Supreme Court in its bid to overturn the judgment of the Court of Appeal which quashed the conviction of Femi Olaleye, the Managing Director Optimal Cancer Care Foundation, on a two-count charge of defilement of a child and sexual assault by penetration
Channels TV’s judiciary editor, Shola Soyele obtained the notice of appeal which was filed on Dec. 27, 2024.
The notice which was filed the Lagos State Director of Public Prosecutions, (DPP), Dr. Babajide Martins, another Director in the Ministry of Justice, Mr Adebayo Haroun, and Deputy Director, Mr Babajide Boye alongside 3 other counsel, contained 3 Grounds of Appeal.
The grounds challenged the whole decision of the court of appeal, particularly the requirement that the evidence of the alleged survivor of the crime (names withheld) required corroboration, the failure of the trial court to conduct trial within trial on the confessional statements of the defendant and the failure of prosecution to call the DPO to testify in the matter.
The Lagos State Government therefore asked the Supreme Court to make an order allowing the appeal and setting aside the judgment of the Court of Appeal delivered on the 29th of November, 2024 AND an ORDER affirming the conviction and sentence of Dr. Olaleye by the Trial Court.
In ground one of the notice of appeal, the complainant specifically said that the learned Justices 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 when it held that sworn evidence of a child above 14 years requires corroboration.
The appellant noted that in the instant case, the prosecution witness 2, the victim in this suit was not a child, and the appellate court was wrong to have held that her sworn evidence still requires corroboration in total disregard to the provisions of Section 209 (2) of the Evidence Act, 2011.
In ground two, the appellant held that the Justices of the Court of Appeal erred in Law when they held that the confessional statements of the defendant, Exhibits H, HI &H2 were wrongly admited and relied upon by the trial court having failed to conduct trial within trial for their admissibility.
The Lagos government noted that the factors guiding admissibility of confessional statements are well laid down in Sections 28 and 29 of the Evidence Act, 201 and objection ot such admissibility must be raised at the time the statement is sought to be tendered not after it has been admitted without objection.
“Where an objection to the admissibility of a document on ground of voluntariness of the statement has been withdrawn by the Defendant there is no requirement to conduct trial within a trial hence Exhibits H, H1 & H2 were properly admitted
“After the close of the Prosecution’s case, a defendant called as a witness may be cross examined on his earlier statement with a view to contradict him by the writing or discredit him as in the instant appeal and this is permitted under Section 232 of the Evidence Act, 2011 and such statement does not require trial within trial”
In ground three, the complainants stated that the Justices of the Court of Appeal erred in Law when they held that failure of the Prosecution to call DPO Patricia Amadi and Aunty Tessy was fatal to the case of the Prosecution in the trial Court.
According to the Lagos State Government, the law is settled that the Prosecution is not obliged to call all the witnesses listed in the information nor is a host of witnesses required to prove the allegations beyond reasonable doubt. A single witness who gives cogent eye witness account on a vital point will suffice.
“The absence of Aunty Tessy was not in any way fatal ot the case of Prosecution where evidence of PW2 and that of other witnesses have already established the ingredients of the offence against the Defendant/ Respondent “
“The absence of DPO Patricia Amadi who was not the Investigating Police Officer was not in any way fatal to the case of the Prosecution more so when PW6 who investigated the case gave evidence of investigation and this was not discredited”.
Background
In November 2022, the Lagos State Government had arraigned Dr Olufemi Olaleye before the State’s Domestic and Sexual Violence Court sitting in ikeja, on a two-count charge of defilement of a child and sexual assault by penetration.
At his arraignment, the doctor pleaded not guilty to the charge preferred against him.
In October 2023, trial judge, Justice Rahman Oshodi convicted and sentenced him to life imprisonment.
Having evaluated all the evidence before him, Justice Oshodi noted that it was “compelling”.
According to the judge, Olaleye’s confessional statement before his former counsel, Mr Olalekan Buruji, and the Divisional Police Officer at the Anthony Police Station, Lagos State, proved that he committed the offences.
The judge held that Olaleye said in the statement that he regretted his act.
The judge also held that Olaleye’s denial of the statement during trial did not hold water.
Justice Oshodi described the medical director as a dangerous offender who did not show any sign of remorse during trial.
In the words of the judge, “You acknowledged that you are a sex addict in your confession, but came to this court and told lies.
“You showed no remorse, and it shows that you are a dangerous man.
“The survivor, to your knowledge, is a child but you forced her to watch pornography, rub her breasts and put your penis in her mouth.
“You penetrated her repeatedly,’’ Oshodi said.
The court found the defendant guilty of the offence.
In sentencing, Justice Oshodi said,
“By the laws of Lagos State, I am compelled to hand you a sentence of life imprisonment on each count of your offence, but your counsel has said that you are a first-time offender and a doctor of cancer patients.
“I hereby sentence you to life imprisonment on both counts one and two.”
