The Lagos State Government has appealed to the Supreme Court to reinstate the life sentence handed to Dr. Olufemi Olaleye, who was convicted by a State High Court for sexually assaulting his wife’s 16-year-old niece but later acquitted by the Court of Appeal.
Olaleye, who serves as the Medical Director of the Optimal Cancer Care Foundation, was found guilty by the Lagos State Sexual Offences and Domestic Violence Court in October 2023. However, the Court of Appeal overturned the conviction on November 29, 2024, citing discrepancies in the prosecution’s case.
Unhappy with the appellate court’s ruling, the state government has approached the Supreme Court, seeking the restoration of the initial conviction and sentence delivered by the trial court.
In response, Olaleye, through his counsel, Chief J. S. Okutepa (SAN), filed a preliminary objection dated September 29, 2025, asking the Supreme Court to strike out the appeal for lack of competence.
The state government, in its counter-affidavit dated August 18, 2025, urged the apex court to dismiss the objection, describing it as “misplaced, unfounded and a mere technicality.” It argued that the appeal was properly filed and should be determined on its merits.
The government’s grounds of appeal rest on four key issues, including whether the age of the victim (PW2), which was not contested during the trial, could be raised at the appellate stage. It also asked the Supreme Court to determine whether the prosecution had proved the charges of defilement of a child, contrary to Section 137 of the Criminal Law of Lagos State, 2015, and sexual assault by penetration, contrary to Section 261 of the same law, beyond reasonable doubt as required by law.
