Judiciary

Appeal Court Overturns Dr Oladele’s Conviction in Landmark Ruling on Sexual Assault Case

Published

2 months ago

December 3, 2024

By Adenike Lawal

In a landmark legal ruling, the Lagos Division of the Appeal Court has overturned the conviction of Dr. Olufemi Olaleye on charges of defilement and sexual assault by penetration.

This judgment follows a previous conviction by Justice Rahman Oshodi of the High Court of Lagos State on October 24, 2023.

The Appeal Court’s decision, delivered on Friday, marks a significant turning point in this high-profile case.

The appeal, heard on September 24, 2024, was led by Dr. Kemi Pinheiro, SAN, with a team of lawyers representing Dr. Olaleye.

The three-member panel, presided over by Hon. Justice Jimi Bada, unanimously ruled in favor of the appellant, resolving all five issues raised by the defense team.

A key element of the court’s ruling was the prosecution’s failure to conclusively establish the age of the alleged victim.

The court pointed out that determining whether the victim was underage, specifically 16 years old, could not be definitively determined based solely on visual observations made during testimony.

The Appeal Court also criticized the trial court for admitting statements allegedly made by Dr. Olaleye without conducting a trial-within-a-trial to determine whether the statements were made voluntarily.

The court found this oversight to be detrimental to the prosecution’s case, particularly as Dr. Olaleye had claimed that the statements were obtained under duress.

Additionally, the court highlighted the lack of credible evidence from the prosecution’s six witnesses. Mrs. Aderemi Olaleye, who testified against her husband as PW1, was deemed a “tainted witness.”

The court noted that her testimony was likely motivated by financial gain and her desire to take control of Dr. Olaleye’s assets while he was incarcerated.

The medical testimony presented during the trial was also called into question by the Appeal Court, which deemed it unreliable and impeached.

In addressing concerns about judicial conduct, the court expressed serious reservations about the trial judge’s level of involvement, suggesting that it may have compromised the fairness and impartiality of the trial.

Based on these findings, the Lagos Division of the Appeal Court acquitted and discharged Dr. Olufemi Olaleye, overturning his previous conviction and highlighting significant procedural flaws in the handling of his case at trial.

This ruling not only underscores critical issues regarding evidentiary standards in sexual assault cases but also raises important questions about judicial practices and witness credibility in high-profile legal battles.

Judiciary

Edo: PDP, APC Gear Up for Legal Battle

Published

2 weeks ago

January 13, 2025

Samson Adeyanju

By Jesusemen Oratokhai

The Edo Governorship Election Petition Tribunal has commenced in Benin City, setting the stage for a legal battle between the Peoples Democratic Party (PDP), and the All Progressives Congress (APC), over the September 21 gubernatorial election.

PDP candidate Asue Ighodalo is challenging the results declared by the Independent National Electoral Commission (INEC), alleging electoral malpractice, including inflated APC votes and unlawful cancellations of PDP votes in key areas.

PDP spokesperson Barrister Tony Ehilebo expressed confidence in their case, stating, “We have solid evidence to prove the election was rigged, and we trust the tribunal to uphold justice.”

However, the APC has dismissed the claims as unfounded.

Party chieftain Chief Alex Okosun urged unity, arguing that Ighodalo should support Governor Okpebholo instead of pursuing litigation.

The tribunal’s proceedings are being closely watched, as the verdict could shape Edo’s political future and test the judiciary’s commitment to electoral justice.

Judiciary

Court Halts Federal High Court’s Involvement in Kano Emirate Dispute

Published

2 weeks ago

January 10, 2025

Samson Adeyanju

By Patrick Idowu

In a dramatic twist, the Court of Appeal in Abuja has ruled to bar the Federal High Court in Kano from hearing the ongoing legal battle over the Kano Emirate.

In a split decision, two Justices backed the move, asserting that the matter falls under the jurisdiction of the Kano State High Court.

Justice Gabriel Kolawole, delivering the lead judgment, declared that the Federal High Court had no authority over chieftaincy disputes, ordering the case to be transferred to the Kano State High Court.

However, the Presiding Justice, Mustapha Mohammed, and another Justice disagreed on the transfer, opting instead to strike out the case entirely.

The ruling puts a definitive end to the Federal High Court’s involvement, reaffirming the exclusive jurisdiction of the Kano State High Court in chieftaincy matters.

Judiciary

Court Halts Federal Allocations to LGAs Without Elected Officials

Published

2 weeks ago

January 9, 2025

Samson Adeyanju

By Alexis Uchendu

In a landmark ruling, the Federal High Court has ordered the Federal Government to withhold allocations from Local Government Areas (LGAs), governed by unelected officials.

The decision reinforces the constitutional mandate requiring states to ensure democratically elected councils at the local level.

The ruling directly challenges the widespread practice of state governors appointing caretaker committees or administrators instead of conducting elections.

It underscores the principles of accountability, transparency, and constitutional governance in local administration.

This judgment is expected to force non-compliant states to hold LGA elections or risk losing federal funding, marking a significant shift in the fight against executive overreach at the state level.