Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, has filed an appeal with the Court of Appeal seeking to overturn his conviction by the Ikeja Sexual Offences and Domestic Violence Court over the alleged rape of a minor.
His lawyer, Dr. Kemi Pinheiro, SAN, argues that the lower court erred in relying on the prosecution’s evidence.
Olaleye contends that the lower court made a mistake in holding that the alleged victim was 16 at the time of the offense, emphasizing that no documentary evidence was presented to support this claim.
The notice of appeal, made available to newsmen in Abuja, asserts that the prosecution failed to provide the birth certificate of the complainant, a crucial piece of evidence to establish her age.
Pinheiro argues that the alleged survivor’s evidence was inconsistent and lacked credibility.
He points out that she did not accuse the appellant of rape during the initial police interview, only making the allegation four months after the supposed incident.
The lawyer suggests that the court should have been suspicious of this delay.
Additionally, Pinheiro questions the reliance on the evidence of Dr. Akinbunmi Oyebimpe of MIRABEL (a forensic organization) by the lower court.
He contends that the examination conducted by Dr. Oyebimpe took place months after the alleged offense, contradicting the timeline presented by the forensic expert.
Dr. Olaleye seeks the Court of Appeal to set aside his conviction, challenging the credibility of the evidence presented during the trial and highlighting procedural errors in the lower court’s judgment.
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