Lagos State Government Appeals to Supreme Court Over Acquittal of Dr. Olufemi Olaleye
The Lagos State Government has urged the Supreme Court of Nigeria to reinstate the conviction of Dr. Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, who was initially found guilty of defiling his wife’s 16‑year‑old niece by the Sexual Offences and Domestic Violence Court, Lagos, but later acquitted by the Court of Appeal.
On 24 October 2023, Justice Oshodi of the Sexual Offences and Domestic Violence Court convicted Dr. Olaleye and sentenced him to life imprisonment for defilement.
The trial court relied heavily on the defendant’s confessional statement, made in the presence of his former counsel, Mr. Olalekan Buruji, and the DPO of Anthony Police Station, in which he expressed regret for his actions.
The court dismissed Olaleye’s denial of an undertaking signed at the police station, noting that the document bore his counsel’s NBA seal.
In sentencing, Justice Oshodi described him as “a dangerous offender who should be ashamed of himself, as he did not show any sign of remorse.”
On 29 November 2024, the Court of Appeal, Lagos Division, overturned the conviction, citing inconsistencies in the prosecution’s evidence.
Dissatisfied with the appellate court’s decision, the Lagos State Government filed an appeal before the Supreme Court, seeking to set aside the acquittal and restore the trial court’s verdict.
– In its brief dated 18 August 2025, the state argued that the appeal was properly filed and should be determined on its merits, describing the defence’s preliminary objection as “misplaced, unfounded, and steeped in technicality.”
– One of the key issues raised is whether the age of the victim (PW2)—which was neither contested nor disputed during trial—could validly become an issue at the appellate stage.
– The state further contended that it had proved beyond reasonable doubt the offences of:
– Defilement of a child under Section 137 of the Criminal Law of Lagos State 2015; and
– Sexual assault by penetration under Section 261 of the same law.
Through his counsel, Chief Jubrin Okutepa, SAN, Dr. Olaleye filed a preliminary objection dated 29 September 2025, urging the apex court to strike out the appeal for lack of competence.
The Supreme Court is now expected to determine: Whether the Court of Appeal was right in overturning the conviction; and; Whether Dr. Olaleye’s acquittal will stand or the trial court’s life sentence will be restored.
