The legal battle over the defilement of a 16-year-old girl has escalated, with the Lagos State Government (LASG) taking its case to the Supreme Court after a controversial acquittal.
The state is praying the apex court to affirm the initial conviction of Dr Olufemi Olaleye, Medical Director of Optimal Cancer Care Foundation, who was set free by the Court of Appeal.
Olaleye was originally sentenced to life imprisonment by the Lagos State Sexual Offences and Domestic Violence Court in October 2023 for defiling his wife’s niece.
However, the Lagos Division of the Court of Appeal overturned this conviction on November 29, 2024, citing alleged inconsistencies in the prosecution’s evidence.
Dissatisfied with the appellate court’s decision, the Lagos State Government lodged an appeal, seeking to challenge the acquittal and reinstate the trial court’s judgment.
The respondent, Dr Olaleye, represented by his counsel, Chief J.S. Okutepa (SAN), had filed a Notice of Preliminary Objection dated September 29, 2025.
The Notice of Preliminary Objection is asking the Supreme Court to strike out the state’s appeal, arguing a want of competence.
In response, the state government urged the Supreme Court to discountenance the objection, arguing that Dr Olaleye’s application is misplaced, unfounded and smacks of technicality.
In its brief of argument, the LASG raised four issues for determination by the apex court.
A key contention raised by the state (in ground three) is whether the victim’s age, which was not contested, disputed, or raised during the trial, could be legitimately made an issue at the appellate stage.
The state government further argued that it successfully proved the offences of defilement of a child and sexual assault by penetration against the respondent beyond a reasonable doubt, as required by law.
