Lagos heads to Supreme Court, appeals Femi Olaleye’s acquittal

Doctor Olufemi Olaleye
The Lagos State Government has approached the Supreme Court to challenge the acquittal of Dr. Olufemi Olaleye, who was previously acquitted of defilement charges by the Court of Appeal in November 2024.

Dr. Olaleye, the Medical Director of Optimal Cancer Care Foundation, was initially convicted in October 2023 for defiling his wife’s 16-year-old niece, and sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court.

However, the Court of Appeal overturned the conviction, citing inconsistencies in the prosecution’s evidence. The appellate court ruled that the trial court had erred in convicting Dr. Olaleye based on “tainted” and “unreliable” testimony from both his estranged wife and the alleged survivor.

Following this decision, civil society groups and concerned citizens urged the Lagos State Government to seek further legal recourse. They petitioned the Attorney General of Lagos, Lawal Pedro (SAN), calling for an appeal to restore public trust in the justice system. On December 12, 2024, Pedro confirmed that the case file had been reviewed and that the government was considering an appeal.

The Lagos State Government, dissatisfied with the appeal court’s ruling, officially filed an appeal to the Supreme Court on December 27, 2024, arguing that the acquittal was unjust. The government contends that the Court of Appeal erred by disregarding key provisions of the Evidence Act, including Section 209(2), which requires corroboration for the testimony of a child over 14 years of age.

Additionally, the government argues that the appellate court wrongly admitted and relied on certain evidence—specifically exhibits H, H1, and H2—without conducting a proper trial within a trial to assess their admissibility. The state insists that objections to the admissibility of confessional statements should have been raised at the time the statements were tendered, not after their acceptance.

The government’s appeal to the Supreme Court seeks to reverse the appeal court’s acquittal and restore the conviction in a case that has drawn significant public attention due to its sensitive nature and the potential implications for justice in similar cases.