Lagos State government has approached the Supreme Court to challenge the Court of Appeal’s decision, overturning the conviction of a medical doctor and Managing Director of the Optimal Cancer Care Foundation, Dr Femi Olaleye.
 
The medical doctor was sentenced to life imprisonment for the defilement of his wife’s niece. A Lagos Special Offences Court, Ikeja, in October 2023, convicted Dr Olaleye on a two-count charge of defilement of a child and sexual assault by penetration. 
 
The charge was filed against him by the State Ministry of Justice in November 2022, and the trial commenced after he was arraigned.  Dissatisfied with his conviction, Olaleye approached the Appeal Court. In November 2024, the appellate court acquitted Olaleye, citing errors in the lower court’s judgment. 
 
In its verdict, the court found the evidence presented by the prosecution to be “tainted” and “unreliable,” leading to the overturning of his conviction.
However, in response to this ruling, Civil Society Organisations (CSOs), petitioned the Lagos Attorney General, Lawal Pedro (SAN), urging the government to challenge the judgment at the Supreme Court to restore public trust in the justice system. On December 27, the Lagos State government filed an appeal at the apex court to reverse Olaleye’s acquittal.
 
The state government’s grounds for appeal include the argument that the appellate court erred in disregarding Section 209(2) of the Evidence Act, 2011 and the Supreme Court decision in Dagaya v. State (2006). 
 
The state contended that the sworn evidence of a child above 14 years requires corroboration, as specified by Section 209(3) of the Evidence Act, 2011, to secure a conviction. Additionally, the state sought an order allowing the appeal and setting aside the judgment of the Court of Appeal delivered on November 29, 2024.