Nasarawa Guber: Court of Appeal to issue judgment on Thursday

Doctor prays to appeals court to set aside rape conviction


Dr. Olufemi Olariye, Medical Director of the Optimal Cancer Care Foundation, has asked the Court of Appeal to set aside the conviction by a lower court on charges of rape of a minor.

Mr. Olalie, in a notice of appeal filed by his lawyer, Dr. Kemi Pinheiro (SAN), said the Ikeja Sexual Offenses and Domestic Violence Court erred in relying on the evidence presented against him by the prosecution. Ta.

According to a report by the News Agency of Nigeria (NAN), a court on October 24 sentenced Olariye to life in prison for defiling his wife's niece, who was said to be 16 years old.

However, he appealed to the Court of Appeal through his lawyer and presented reasons why the appeal should be allowed.

A copy of the notice of appeal was made available to reporters in Abuja on Wednesday.

The doctor argues that the lower court erred in law by holding that the alleged victim of the crime was a 16-year-old child at the time of the crime, despite the lack of direct evidence.

He said prosecutors did not provide documentary evidence to support the case that the alleged victim of the crime was 16 years old.

In proving this fact, the lawyer argued that the prosecution had an onerous obligation to produce a birth certificate as conclusive evidence of the complainant's age.

However, throughout the trial, he said, neither the prosecution nor the complainant produced any documents proving the age of the alleged survivors, other than the oral evidence of witnesses.

His lawyer, Pinheiro, argued that contrary to the alleged victim's consistent submission that she was raped by Olaraie, her evidence was riddled with contradictions.

Pinheiro said the alleged survivor never accused the appellant of rape before the police, who interviewed her while the alleged incident was still fresh in her mind.

He claimed that it was only four months after the incident occurred that she turned around and claimed that the appellant had raped her.

He said the court should have questioned the length of time she gave her statement to the police and the force's gender unit.

He further argued that the lower court should not have relied on the evidence of Dr Akibunmi Oyibinpe of Mirabel in convicting and sentencing the appellant.

According to him, the tests conducted by PW5 on the alleged survivors were conducted several months after the commission of the crime, contrary to Mr. Oyibimpe's findings.

Source: dailypost.ng

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