Lagos Appeals to Supreme Court After Conviction in Child Defilement Case is Overturned

Table of Contents

1. Legal Battle Overview
2. Details of the Conviction
3. Court of Appeal Ruling
4. Supreme Court Appeal
5. Filing of Preliminary Objection
6. Government's Response

The Lagos State Government has escalated its legal battle against Dr. Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation, to the Supreme Court, following the Court of Appeal’s decision to overturn his conviction for the defilement of a 16-year-old girl.

In October 2023, Olaleye was sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court after being found guilty of sexually assaulting his wife’s niece.

However, on November 29, 2024, the Court of Appeal, Lagos Division, overturned the conviction, citing inconsistencies in the evidence provided by the prosecution.

Unconvinced by the ruling of the appellate court, the state government has filed an appeal with the Supreme Court, requesting that the apex court reinstate the trial court’s verdict and uphold the life sentence that was previously imposed on the medical doctor.

In response, Olaleye, through his attorney, Chief J.S. Okutepa, submitted a Notice of Preliminary Objection dated September 29, 2025, seeking to dismiss the appeal on the grounds of incompetence.

Nevertheless, the Lagos State Government has urged the Supreme Court to reject this objection, characterizing it as “misconceived, unfounded, and based solely on technicalities.”

In its argument, the government presented four key issues for consideration, one of which questions whether the age of the victim—an undisputed fact during the trial—can be lawfully challenged or revisited at the appellate level.

The state asserted that it had established the charges of child defilement and sexual assault by penetration beyond a reasonable doubt, maintaining that the evidence presented during the trial was credible and aligned with legal standards.