The Lagos State government has asked the Supreme Court to uphold the conviction of Dr Olufemi Olaleye, who was earlier sentenced to life imprisonment by a State High Court for defiling his wife’s 16-year-old niece but later discharged and acquitted by the Court of Appeal.
Olaleye, the Medical Director of Optimal Cancer Care Foundation, was convicted by the Lagos State Sexual Offences and Domestic Violence Court in October 2023. However, on November 29, 2024, the Court of Appeal in Lagos overturned the verdict, citing inconsistencies in the prosecution’s evidence.
Dissatisfied with the appellate court’s decision, the Lagos State government filed an appeal at the Supreme Court, urging the apex court to reinstate the trial court’s judgment.
In response, Olaleye, through his counsel, Chief J. S. Okutepa (SAN), filed a preliminary objection dated September 29, 2025, asking the Supreme Court to strike out the appeal for lack of competence.
The state government, in its counter-affidavit dated August 18, 2025, urged the apex court to dismiss the objection, describing it as “misplaced, unfounded and a mere technicality.” It argued that the appeal was properly filed and should be determined on its merits.
The government’s grounds of appeal rest on four key issues, including whether the age of the victim (PW2), which was not contested during the trial, could be raised at the appellate stage. It also asked the Supreme Court to determine whether the prosecution had proved the charges of defilement of a child, contrary to Section 137 of the Criminal Law of Lagos State, 2015, and sexual assault by penetration, contrary to Section 261 of the same law, beyond reasonable doubt as required by law.