The Court of Appeal, Lagos Division has upheld the judgment of a Lagos State High Court, which sentenced Nollywood actor, Olanrewaju James, alias Baba Ijesha to five years imprisonment for sexually assaulting a 14-year-old minor.
The appellate court in its lead judgement delivered on Friday by Justice Folashade Ojo found the Appellant (Baba Ijesha) guilty on counts four and five, where he was accused of indecently touching a minor and sexually assaulted her.
Other members of the three man panel are Justice Abdullahi Bayero and Justice Paul Bassi who aligned themselves with the lead judgment.
The Lagos State Government had arraigned Baba Ijesha on six-counts bordering on the indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
The trial judge, Justice Oluwatoyin Taiwo (retd.), of the Ikeja Sexual Offence and Domestic Violence Court, in her judgment on July 14, 2022, sentenced Baba Ijesha to five years imprisonment over the sexual assault of a minor.
The court found Baba Ijesha guilty of indecent treatment of a child and sexual assault, of a minor between 2013 and 2014, which is contrary to Section 135 of Lagos State Criminal Law 2015.
However, Justice Taiwo exonerated him of the offence of sexual assault by penetration which deals with allegedly sexually assaulting a minor by penetration with his car key seven years ago and attempted sexual assault by penetration during another encounter with the minor on April 22, 2021.
The judge held that the prosecution successfully proved counts two and three that he indecently placed the survivor on his lap and rubbed his penis on her body.
But dissatisfied, Baba Ijesha through his counsel Mr Kayode Olabiran, approached the appeal court to challenge the judgment of the lower court, praying it to set aside his conviction and sentence.
While arguing that the prosecution failed to prove that his client sexually assaulted the victim, Olabiran said, “The appellant was set up. He is an actor. He acted in a script that he was invited to act by his colleague Prosecution witness one (PW1), Damilola Adekoya.”
Delivering judgment on the appeal on Friday, Justice Ojo set aside the appellant’s conviction on indecent treatment of a child and sexual assault of a minor which allegedly occurred between 2013 and 2014, describing the testimony of PW1 (Damilola Adekoya) as hearsay.
Justice Ojo, however, held that on the event that occurred on April 19, 2021, the evidence of PW1 (Damilola Adekoya) was an eye witness account, which he said, remains credible and one of the most effective ways to establish commission of an offence.
Furthermore, the judge held that the appellant’s voluntarily confessed to the crime of the event of April 19, 2021, and did not challenge the statement of (PW1), Damilola Adekoya throughout the proceedings.
Justice Ojo noted that the appellant made an extra judicial statement at Sabo Police station Lagos State on April 19, 2021, and another statement at the State Criminal Investigation Department, Panti on April 28, 2021, which were tendered in evidence.
According to the judge, in the two statements, the appellant admitted that he indecently touched and indeed molested PW2 (the victim), while she was alone with him in PW1’s (Damilola Adekoya) apartment.
In all, the judge held that the appeal succeeded in part and it was also allowed in part.
The judge ordered as follows, “The appellant’s conviction, and sentence to five years imprisonment for the offence of indecently touching of a child contrary to Section 135 of the Criminal Laws of Lagos State 2011 (count two of the charge) is set aside.
“The Appellant conviction of three years imprisonment for the offence of sexual assault of a child contrary to section 261 of the Criminal Laws of Lagos State 2011 (count three of the charge) is set aside.
“I affirm the conviction and sentence of the appellant to five years imprisonment for the offence of indecent treatment of a child contrary to section 135 of the Criminal Laws of Lagos State 2015 (count four of the charge).”
“The appellant’s conviction and sentence to three years imprisonment for sexual assault contrary to section 263 of the Criminal Laws of Lagos State 2011 (count five of the information) is also affirmed.
“The sentences for counts four and five are to run concurrently,” Justice Ojo further held.
