CSOs ask Lagos AG to appeal judgment nullifying Femi Olaleye’s rape conviction

Civil society organisations (CSOs) have asked Lawal Pedro, the attorney-general of Lagos, to approach the supreme court over a judgment of the appeal court nullifying the rape conviction of Femi Olaleye, a medical doctor.

The CSOs advised Pedro to take “immediate and necessary steps” to appeal the decision of the appellate court in the case involving the Lagos state and Olaleye, managing director of Optimal Cancer Care Foundation.

Recently, the CSOs submitted a petition addressed to the Lagos attorney-general on their request.

THE CASE

In November 2022, Olaleye was arraigned by the Lagos state government on a two-count charge of defilement of a child and sexual assault by penetration.

The cancer care advocate was accused of allegedly sexually violating the minor, who was said to be a niece of his wife, for over 20 months.

In October 2023, the special offences and domestic violence court in Lagos convicted Olaleye on the charges.

Rahman Oshodi, the judge, had sentenced Olaleye to life imprisonment over rape.

Displeased by the judgment of the lower court, Olaleye filed 35 grounds of appeal at the appellate court.

In November, a three-member panel of the appeal court in Lagos nullified the rape conviction of Olaleye and thereafter discharged and acquitted the medical doctor.

The appellate court held that the domestic violence court erred in its judgment.

The appeal court held that the lower court erred based on the “tainted” and “unreliable” evidence of Oluremi, the defendant’s wife, and the alleged survivor.

The appeal court stated that Oluremi’s conduct showed that she was “motivated by greed and the desire to take over the appellant’s assets upon his incarceration”.

THE PETITION

On Tuesday, members of CSOs organised a press conference at the office of National Human Rights Commission (NHRC) in Lagos.

Reading out the petition submitted to the Lagos attorney-general, Josephine Effah-Chukwuma, founder of Project Alert, said the Lagos government needs to approach the apex court on the case to restore public trust in the justice system.

Effah-Chukwuma said the international community and many Nigerians are interested in the final outcome of the case at the supreme court.

“We are aware of the recent decision of the Court of Appeal, Lagos division overturning the decision of the High Court of Lagos State where Dr. Femi Olaleye was convicted on a two-count charge of defilement and sexual assault by penetration of a minor,” the activist said.

“Whilst we are not in a position to fault the decision of the Court of Appeal, we are of the considered opinion that the judgment be appealed to the Apex Court.

“As it is, the judgment is not a concurrent decision of the High Court and the Court of Appeal. This suggests that the Supreme Court may also not agree with the decision of the Court of Appeal, the same way the Court of Appeal was dissatisfied with the decision of the High Court.

“It is our position that to maintain the mental sanity of the victim, the families of the victim and the members of the various organizations mentioned herein, it will be fair, just and in accordance with sound reasoning to appeal the decision of the Court of Appeal.

“Sir, the entire world and the international community is interested in the final outcome of the charge at the Supreme Court. Our country must be seen as protecting her women and young children.

“As you are aware, sexual violence against children is one of the most heinous crimes in any society.

“If those who commit such heinous crimes are allowed to walk free, it will embolden other perpetrators and send the wrong message about the seriousness with which sexual offences are handled.

“Allowing the acquittal of an individual once convicted of such a serious crime sends the wrong signal to potential offenders and we believe that the pursuit of this case to the Supreme Court is essential to demonstrate that sexual violence against children will not be tolerated, and those who commit such offences will face the full wrath of the law.

“We therefore respectfully urge your office, in the interest of justice, public policy, and the rule of law, to take immediate and necessary steps to appeal this decision to the Supreme Court, so that the case may be thoroughly adjudicated, and justice may be duly served.”

The petition was signed by Itoro Eze-Anaba of Mirabel Centre; Bisi Ajayi-Kayode of Cece Yara Child Advocacy Centre; Kingsley Ibom Egbulem of Men Against Rape; and Toyin Taiwo-Ojo of Stop the Abuse Against Women and Children Foundation;

Others are Anthonia Ojenagbon of Tonia Bruised But Not Broken Rape Survivors Foundation; Pamela Udoka of Family Wellness Therapy Centre; Effah- Chukwuma of Project Alert; Bose Ironsi of Ireti Psycho-Social Support Centre (SARC); Ronke Oyelakin of Child Protection Network, Lagos state; and Kate Henshaw.