On Friday jailed Lagos Doctor Olaleye was released from jail by the court of appeal and freed to go home...
A lot of people were shocked......This post clearly exlains why the Court of appeal faulted the decision of the lwer court to jail the Doctor
Note as you read that no court can re-try the Doctor for the same case again after the supreme cour struck it out...
It is also interesting to note that the Lawyer who compiled this report noted that the evidences taken from the Doc was allegedly done under duress
The Court of Appeal in Lagos has discharged and acquitted Dr. Olufemi Olaleye, who was previously convicted of defilement and sexual assault by penetration by the High Court of Lagos State in October 2023.
In a unanimous decision delivered on [DATE], the Court of Appeal, led by Justice Jimi Bada, resolved all five issues raised by the Appellant’s counsel, Dr. Kemi Pinheiro SAN, in favor of Dr. Olaleye.
The court found that the prosecution failed to prove beyond reasonable doubt that the alleged victim was a child, as the age of 16 years was considered a borderline age that could not be determined solely by appearance. The court also criticized the trial court for admitting statements purportedly written by the Appellant without conducting a trial within trial, despite the Appellant’s claims that the statements were made under duress.
Furthermore, the Court of Appeal held that none of the six prosecution witnesses provided credible and reliable evidence to support the case against Dr. Olaleye. The court specifically referred to the testimony of the Appellant’s wife, Mrs. Aderemi Olaleye, who was deemed a tainted witness motivated by greed and a desire to take over the Appellant’s assets while he was in custody.
The court also found that the trial court had descended into the arena, assisting the prosecution in bridging gaps in its case and hinting at lines of argument for the prosecution counsel to proffer.
Consequently, the Court of Appeal set aside the conviction pronounced by the High Court of Lagos State on October 24, 2023, and discharged Dr. Olufemi Olaleye of all charges.
The Appellant’s legal team, led by Dr. Kemi Pinheiro SAN, expressed satisfaction with the Court of Appeal’s decision, stating that justice had been served and their client’s innocence had been established...
From TheNigerianlawyer
Supreme Court struck what out?
ReplyDeleteMy dear, I was wondering when the Appeal Court became the Supreme Court.
DeleteHmmm! I don't even know what to say to this, why would they sentence him before without proper investigations.....
ReplyDeleteThe judicial system just get as e be.
The greedy wife wanted to get his assets while he rotted in jail. Fear women oh.
ReplyDeleteThis decision by the appeal court did no such thing as “innocence had been established”. It released him based on factual and some non factual technicalities. Whether he’s free of jail or not (for now, by the way), the public will never forget the pictures and videos showing him abusing his medical oath and having extra marital dalliances. That and so much more will taint him for life even if he truly repents and amends his ways.
ReplyDeleteIt’s easy to misbehave and be undisciplined, once it’s time to pay the consequences, human beings will start looking for loopholes with the law and excuses to evade punishment. Ish
Rhod3s
Exactly what I wrote yesterday, Rhod3s. His reputation is ruined for life.
DeleteStella, court of appeal is different from the supreme court of Nigeria. Nawa for our judicial system.
ReplyDeleteSo is rape not a crime. Whether it’s on a minor or an adult
ReplyDeleteGod forbid!
This is appalling
Zendaya
This particular judge is an embarrassment to the legal profession. No justice in Nigeria. Parents care for your children yourself. Give birth to the number of children you can take care of.
ReplyDeleteKING XOXO MYSTERY
All these grammar they're using to bamboozle themselves 🙄 The judicial system is just a mess.
ReplyDeleteBeyond mess. That’s why I focus on universal and divine justice more and call upon that.
DeleteI don't understand anymore 😔
ReplyDeleteIs rape not a crime again
I hope his wife is in a safe place. Not sure he will take it laying down.
ReplyDeleteThe court of Appeal does not have the final decision in this matter. The dissatisfied parties can always appeal to the Supreme Court.
ReplyDeleteI find it difficult to believe this writeup though. What do they mean by "borderline age". There is no word like that in any Nigerian law. Besides, even if the girl was above 18, it is still a crime, since it was not consensual.
It's also strange that a court will say that the wife wanted to collect his assets. The issue on ground is rape. The court cannot bring up other matters that are not related to the facts on ground.
It's also unbelievable that the court will dismiss the testimony of 6 witnesses, including the doctor's report and the victim herself.
If this report is true, then those Justices need to be investigated.
Messy judiciary 😠😠ðŸ˜
ReplyDeleteIf you escape man you won’t escape God
ReplyDeleteThe same thing that made him to run from the UK, his sin will still catch up with him evil man. Having said that the judicial system is rubbish everywhere. Donald Trump was duly convicted on 34 felonies, was never sentence and was allowed to contest and now he is even American president. Rape was even part of his conviction. The law is an instrument to oppress the low level people.
ReplyDelete