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The Lagos State Government has requested that the Supreme Court maintain the conviction of Dr. Olufemi Olaleye, who was found guilty by the State High Court of sexually assaulting his wife’s 16-year-old niece but was later acquitted by the Court of Appeal.
Dr. Olufemi Olaleye, the Medical Director of the Optimal Cancer Care Foundation, was initially sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court in October 2023.
Displeased with the Court of Appeal’s decision, the state government has brought the case before the Supreme Court, challenging the acquittal of Dr. Olaleye on the defilement charges.
However, Dr. Olaleye, through his attorney, Chief J. Okutepa, SAN, has filed an objection against the appeal.
The respondent’s counsel, in the preliminary objection, requested that the Supreme Court dismiss the appeal due to a lack of competence.
In response to the preliminary objection, the state government urged the Supreme Court to reject the respondent’s claims, citing the reasons outlined in its brief of argument dated August 18, 2025, and to support the appeal by reinstating the trial court’s judgment.
In a comprehensive reply to Olaleye’s preliminary objection, the state government argued that the respondent’s application was misguided, unfounded, and based solely on technicalities.
The state’s appeal is based on four main points, each highlighting why the Supreme Court should confirm Olaleye’s conviction by the trial court.
In the third point, the state government seeks a determination from the Supreme Court regarding whether the issue of the victim PW2's age, which was neither contested nor raised during the trial, can be addressed at the appellate level; whether the appellant has successfully proven the offenses of child defilement contrary to Section 137 of the Criminal Law, CAP 17, VOL 3.
Laws of Lagos State 2015, and sexual assault by penetration contrary to Section 261 of the Criminal Law, CAP 17, and Vol 3 Laws of Lagos State 2015, against the respondent beyond a reasonable doubt as mandated by law, among other points.
What is the current status of Dr. Olufemi Olaleye's case?
The Lagos State Government has appealed to the Supreme Court to uphold Dr. Olufemi Olaleye's conviction for defiling his wife’s niece, following his acquittal by the Court of Appeal.
What were the original charges against Dr. Olufemi Olaleye?
Dr. Olufemi Olaleye was charged with defiling his wife’s 16-year-old niece, resulting in a life imprisonment sentence from the Lagos State Sexual Offences and Domestic Violence Court.
What are the grounds for the state government's appeal?
The state government's appeal is based on several points, including whether the age of the victim can be contested at the appellate level and whether the prosecution has proved the charges beyond a reasonable doubt.
