TheCable

Femi Olaleye, managing director of Optimal Cancer Care Foundation, has been sentenced to life imprisonment for raping his wife’s niece.

Rahman Oshodi, the judge at the special offences and domestic violence court in Lagos, on Tuesday, convicted Olaleye on a two-count charge of defilement of a child and sexual assault by penetration.

The judge ruled that the defendant should serve life imprisonment for count one and the same for count two.

The judge said the sentencing should run concurrently.

BACKGROUND

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 medical doctor, however, pleaded not guilty to the two-count charge.

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

During the trial, Aderemi, the estranged wife of Olaleye, had told the court that his husband introduced the underage victim to pornography and oral sex.

THE VERDICT

In his ruling, the judge said he believes the testimony of the survivor that Olaleye raped her and forcefully inserted his penis into her mouth.

Oshodi dismissed the claim of the defendant that the survivor was tutored and tortured to say she was raped, adding that the survivor was “consistent” in her testimony.

The judge also rejected the arguments of the defense team that the survivor was 18 years old when the incident happened and that the survivor had sexual intercourse with two adults in their residence.

“The sexual abuse came with a threat. The defendant had groomed the prosecutory (referring to the survivor) with pornography,” the judge said.

“The prosecutory did not consent and did not willingly suck his penis.

“I’m satisfied with prosecutory’s evidence that the defendant had sex with her and inserted his penis in her mouth and ejaculated.

“I believe the prosecutory that he forced her to suck his penis. I believe that the first time he had sex with her, blood gushed out of her vagina. Her evidence greatly implicate the defendant.”

On the argument of financial motivation, the judge said the issues raised by the defendant that his wife was motivated by financial gains was to “deflate” the evidence of sexual abuse.

The defense counsel had claimed that the survivor was tutored by the defendant’s wife to lie against the defendant as part of the scheme to take over his properties.

“The defendant said his wife was motivated by financial gains, including taking the family home in Maryland, Lagos, Mercedes Benz, money in their joint account and custody of their two children,” the judge said.

“Let me immediately say that these issues will not deflate the evidence of the prosecution on the issues before the court.

“The issue is this — did the defendant have sexual intercourse with the prosecutory and force her to suck his penis? The answer is yes.”

Oshodi held that the court cannot believe the testimony of the defendant, adding that the defendant lied to the court.

THE SENTENCING

The judge ruled that the prosecution was able to prove counts one and two beyond reasonable doubt.

“I, therefore, feel satisfied that the prosecutor has established that (a) the prosecutory was a child by section 261 of the Child Rights Law of Lagos state 2015, the defendant had sexual intercourse with her by putting his penis in her vagina, the defendant also forced his penis into her mouth and ejaculated,” the judge ruled.

“I must conclude that the prosecution has established count one and two against the defendant beyond reasonable doubt. I, therefore, find the defendant guilty as charged.”

The judge said Olaleye must be confined to prison for a long period of time to convey that the justice system frowns at sexual violence.

The judge added that the name of the defendant should be added to the Lagos state sex offenders register.

“Femi Olaleye, I have convicted you of defilement and sexual assault by penetration. This charge has a mandatory sentence of life imprisonment,” he ruled.

“Accordingly, I sentence you to life imprisonment on count one and two. On each count, the sentencing will run concurrently.”