The appellant stated that the prosecution did not tender any documentary evidence in support of its case that the alleged victim was 16 years.
The Medical Director of Optimal Cancer Care Foundation, Dr Olufemi Olaleye, has proceeded to the Court of Appeal seeking to rescind the judgement of a lower court which convicted him of rape.
Olaleye was in October sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court for raping his wife’s niece who was a teenager when the defilement happened.
In his judgement, Justice Rahman Oshodi held that the prosecution, the Lagos State Government, had proved the charge against the defendant and the evidence against him was compelling.
In the appeal filed through his lawyer Kemi Pinheiro (SAN), on November 24, 2023, Olaleye highlighted 35 grounds of appeal against the judgement of the lower court.
According to the appellant, the lower court erred when in the absence of any direct evidence, it held that the alleged victim of the crime was a child of 16 years at the time of the offence, adding that there was no direct evidence from anyone who witnessed the birth of the alleged victim of the crime.
The appellant stated that the prosecution did not tender any documentary evidence in support of its case that the alleged victim was 16 years.
Olaleye’s lawyer claimed that the alleged victim’s testimony was full of inconsistencies which contradict the submission of the lower court.
The alleged victim, according to the appellant, did not make any accusation of rape in her statement to the police.
