Despite active advocacy against Gender-based Violence (GBV) in Nigeria, recorded cases remain on the rise, leaving countless survivors without the justice they desperately seek. In the rare case of attaining justice, survivors are left grappling with a daunting question: Does justice last?
On Friday, 29 November 2024, the Appeal Court, Lagos Division, overturned the life sentence of Dr Olufemi Olaleye, Medical Director of the Optimal Cancer Care Foundation, who had been convicted of raping his wife’s niece. The court discharged and acquitted Olaleye after finding the trial court’s judgement to be faulty.
The case against Dr Olaleye
On 30 November 2022, Olaleye was arraigned on two counts of defilement and sexual assault of his wife’s niece, preferred against him by the Lagos State Government, offences which he was alleged to have committed between March 2020 and November 2021.
Olaleye pleaded not guilty, and made his case based on his services as a cancer doctor at the Optical Cancer Care Foundation and the fact that he is a first-time offender. However, he was found guilty and sentenced to life imprisonment on 24 October 2023.
VIDEO: Moment Dr Olaleye Was Ushered Out Of Courtroom After Life Sentence
The Lagos State Sexual Offences and Domestic Violence sitting in Ikeja on Tuesday sentenced the Medical Director of Optimal Cancer Care Foundation, Doctor Olufemi Olaleye, to life imprisonment for the… pic.twitter.com/sf46cQdYp6
— Punch Newspapers (@MobilePunch) October 24, 2023
The presiding judge, Justice Rahman Oshodi, held that the prosecution proved its case beyond reasonable doubt and that all the evidence before the court corroborated the victim’s.
He added that the testimony of seven witnesses, Olaleye’s confessional statement and exchanges via WhatsApp and emails with his wife were enough evidence against him.
Oshodi also noted that the convict’s confessional statement, in which he expressed regret for his actions, made before his former counsel, Mr Olalekan Buruji, and the DPO of Anthony Police Station, Patricia, was key to proving his guilt.
The judge further remarked that Olaleye’s denial of the statement he made at the police station was unconvincing, as the document he signed bore the seal of his counsel, Buruji, from the Nigerian Bar Association.
“The convict is a dangerous offender who should be ashamed of himself, as he showed no sign of remorse,” Oshodi said.
He described the horrific nature of Olaleye’s actions, including forcing the survivor to watch pornography and subjecting her to repeated sexual assault, acknowledging the convict’s confession about being an abuser.
However, dissatisfied with the verdict, Olaleye, through his lawyer, Kemi Pinheiro (SAN), filed an appeal on 24 November 2023, seeking to overturn Justice Oshodi’s judgement.
Olaleye’s sentence overturned
On Friday, 29 November 2024, the Court of Appeal, Lagos Division, discharged and acquitted Olaleye, following a successful appeal, challenging his conviction and life sentence.
The appellate court held that “the prosecution’s case was bereft of any credible evidence that she was a child. Credible and reasonable doubt was created in the prosecution’s case.”
“It is on record that the trial court concluded on the age of the victim based on the evidence of witnesses, even though none gave evidence of experiencing the victim’s birth,” the court added.
The lead judge of the three-judge panel, Justice Olukayode Bada, stated that the trial court had erred in convicting Olaleye based on the “tainted” and “unreliable” evidence of his estranged wife, Oluremi, and the alleged survivor.
The court found material contradictions in the prosecution’s evidence, which the lower court should not have relied upon.
The constant struggle for justice
While it remains uncertain whether the Lagos state government will approach the Supreme Court to challenge the appellate court’s decision for the defendant, the freedom of perpetrators of Sexual and Gender-Based Violence (SGBV) in Nigeria is not new or uncommon.
Millions of women across the world, and particularly in Nigeria, have been victims of some sort of sexual assault. In 2019, 3,446 SGBV cases were recorded in only Lagos, Nigeria, followed by 4,302 in 2020, 3,943 in 2021, 5,929 cases in 2022 and 6,389 cases in 2023. However, this number does not sum up the cases that were left unreported.
In a disappointing contrast, the vast majority of these cases are not investigated by law enforcement agencies and those investigated or filed for trial end with the release of perpetrators who repeat their crimes.
The judiciary has also proved to be Ineffective at safeguarding and protecting women. This can be seen in the case of Surahu Asimiyu, who was allowed to walk free after confessing to beating his wife to death without a single case against him.
Why victims seldom get justice
The Executive Director of Gender Mobile, a non-profit centred on the elimination of Gender-based Violence, Omowumi Ogunrotimi, reported that 80% of sexual harassment perpetrators are repeat offenders. She also attributes the statistics to a “poor culture of accountability as a country.”
Oluyemi Orija, the Executive Director of the Headfort Foundation, speaking at an empowerment programme for survivors of sexual abuse, organised by Headfort Foundation on Sunday 1 December 2024, also stated that sexual assault cases are often struck out in court because victims don’t usually present strong evidence against perpetrators.
However, the overturned sentence of Dr Olaleye proves that strong evidence does not guarantee justice in SGBV cases in Nigeria.
Furthermore, victims of rape and sexual assault are often silenced by fear of their assailants, societal stigma and a lack of confidence in the system which prevents them from pursuing justice.
A call for change
The breakdown in law and order that permits criminals to commit heinous acts like assaulting and murdering girls and women is utterly unacceptable.
It is a dire situation that demands immediate attention and unwavering resolve from authorities to ensure justice prevails and the safety of Nigerian women is protected. It is crucial not just for justice, but also as a warning to others and to safeguard the lives of countless Nigerian women.
