Justice Denied: A Call To Reassess The Appeal Court’s Verdict On Sexual Abuse Of A Minor, By The Adinya Arise Foundation AAF

On November 29, 2024, the Court of Appeal sitting in Lagos overturned the conviction and life sentence of Dr. Olufemi Olaleye, a medical director previously found guilty of sexually abusing his wife’s 16-year-old niece. The judgment, which ruled that the evidence presented by the prosecution was “tainted” and “unreliable,” has sparked outrage, especially as the global community marks the 16 Days of Activism Against Gender-Based Violence.

This verdict is not just a blow to the victim; it sends a chilling message to survivors and activists fighting for justice in cases of sexual violence. The ruling undermines decades of progress in addressing the culture of silence and impunity surrounding sexual abuse, particularly against minors.

A Failure of Justice

The appellate court’s decision rested on perceived procedural flaws in the trial, including contradictions in the victim’s testimony and the trial judge’s alleged interference to “bridge gaps” in the prosecution’s case. However, the essence of justice should not rest on procedural technicalities but on the pursuit of truth and the protection of vulnerable individuals.

The survivor in this case, a minor under the care of the accused, demonstrated immense courage by coming forward. Her testimony, corroborated by expert evidence from a child forensic specialist and a medical doctor from the Mirabel Centre, painted a clear picture of abuse. Yet, these voices were dismissed as “worthless.”

By prioritizing procedural missteps over the survivor’s ordeal, the appellate court has inadvertently sent a dangerous signal: that the rights of the accused to escape conviction outweigh the rights of the survivor to be believed and protected.

The Broader Implications

This ruling arrives at a critical moment when global campaigns against gender-based violence are gaining momentum. It threatens to erode trust in the judicial system and discourage other survivors from seeking justice. If survivors feel that their testimonies and expert evidence can be so easily disregarded, many will remain silent, emboldening perpetrators.

Moreover, the ruling has undermined the painstaking efforts of activists, social workers, and NGOs who have fought tirelessly to create an environment where survivors of sexual violence are empowered to speak out. This decision risks undoing years of advocacy and sets a dangerous precedent for future cases.

A Call for Reawakening and Accountability

The justice system must prioritize the protection of the vulnerable and the accountability of perpetrators over technicalities. This case demands an urgent review. The Supreme Court must step in to reassess the facts and evidence, ensuring that justice is served.

Furthermore, this ruling underscores the urgent need for judicial reforms, including:

Training for Judges: Judges should receive specialized training in handling gender-based violence cases, particularly those involving minors.

Victim-Centered Approaches: Legal proceedings should prioritize the well-being of survivors, ensuring they are not re-traumatized by the judicial process.

Strengthened Prosecution: Prosecutors must be equipped to present watertight cases, with a clear focus on safeguarding survivors’ rights.

The Fight Continues

This verdict is a setback, but it is not the end. Activists, legal practitioners, and the public must rally to ensure that the rights of survivors are upheld. We owe it to the young girl at the center of this case and to countless others who face similar atrocities to ensure that their voices are heard, believed, and acted upon.

As the 16 Days of Activism Against Gender-Based Violence continues, let us channel our anger and disappointment into renewed advocacy. The fight for justice is far from over, and this case must become a rallying cry for systemic change.

Justice for one is justice for all. Let us not rest until the scales are balanced. Adinya Arise Foundation AAF stands in solidarity and relentless in her advocacy to end GBV

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