AFRICA

Lagos Appeal Court Upholds Actor Baba Ijesha’s Conviction For Sexual Assault

The Court of Appeal Lagos Division, on Friday, affirmed the judgement of a Lagos State High Court which sentenced Nollywood actor, Olanrewaju James, popularly called Baba Ijesha, to five years imprisonment for sexually assaulting a 14-year-old minor.

The appellate court in its lead judgement delivered by Justice Folashade Ojo found the appellant, Baba Ijesha, guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulting her.

Other members of the panel, Justice Abdullahi Bayero and Justice Paul Bassi aligned themselves with the lead judgement.

The Lagos State Government arraigned Baba Ijesha on a six-count charge bordering on the indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.

In her judgement, the trial judge, Justice Oluwatoyin Taiwo (rtd) of the Ikeja Domestic Violence and Sexual Offences Court, 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.

Justice Taiwo exonerated him of the offence of sexual assault by penetration which deals with allegedly sexually assaulting the 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.

Dissatisfied, Baba Ijesha through his counsel Mr. Kayode Olabiran, approached the Appeal Court praying it to allow the appeal and set aside his conviction and sentence.

The appellant argued that the prosecution failed to prove that he (Baba Ijesha) sexually assaulted the victim, contending that the appellant  merely acted a script that he was invited to act.

He argued, “The appellant was set up. The appellant is an actor. He acted in a script that he was invited to act by his colleague (PW1), Damilola Adekoya.

Delivering judgement on the appeal on Friday, Justice Ojo set aside 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 eyewitness account adding that an eye witness account remains credible and one of the most effective ways to establish commission of an offence.

Besides, the court held that the appellant 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 19th of April 2021, and another statement at the State Criminal Investigation Department, Panti on the 28th of April 2021, which were tendered in evidence.

The court held that in the two statements, the appellant admitted that he indecently touched and indeed molested PW2 while she was alone with him in PW1’s (Damilola Adekoya) apartment.

Justice Ojo held “The law is certain that there is no other evidence other than admission in commission of an offence.

“From the totality of the evidence of PW2 it can be safely inferred that as at the date of the victim’s testimony she was at best 15 years old and a child by virtue of Section 261 of the Child’s Rights Law of Lagos State, 2015.

“It is significant to note that the appellant did not challenge PW2’s on the evidence she gave. It is in view of all these that I hold that the prosecution established that PW2, the victim of the offence, was a child at the time of the alleged offences in 2021.

“I have carefully looked at the record and unable to agree with the appellant, that he was merely acting a script.The interaction between PW2 and the appellant on the 19th April, 2021was not a theatrical performance of make-believe but a personal encounter between the two of them.

“Moreover, PW2’s (victim) body language supported by her oral testimony and documentary evidence clearly show that she attempted to distance herself from the appellant. The most inference to draw from appellant’s action in searching the entire house immediately after PW1 left with her visitors and sexually assaulting PW2 is that he intended to commit the offence, and did commit the offence.

“It’s  trite that factual findings of the trial court involving the credibility of witnesses are accorded almost respect. Trial courts have the advantage of first-time observation, which allows them to assess witnesses’ demeanour and manner of testifying during the trial.

“As an appellate court, our role is not to supplant the trial court’s interpretation of testimonies, this court will intervene only when it’s demonstrated that the trial court’s conclusion is perverse and contrary to the facts put before them. This is not the situation in this appeal.

“There is no doubt that the trial judge meticulously evaluated all material evidence presented in court and assessed the credibility of witnesses in accordance with established legal procedures. She drew appropriate probative value before arriving at her judgement.

“On the event of April 19, 2021, it is my firm belief that the evidence of PW1 does not amount to hearsay, she was an eye witness. My conclusion is that the evidence presented by the prosecution before the trial court on the offence of indecent treatment of a child, and sexual assault committed by the appellant on the 19th of April 2021 is compelling and sufficient to justify the appellant’s conviction.

“In conclusion, I have no hesitation in affirming the appellant’s conviction for the indecent treatment of a child, and sexual assault. The appellant indecently touched PW2’s body in a sexual manner, in violation of Section 135 of the Criminal Law of Lagos State 2015. His actions constitute sexual assault against PW2.

“I am of the view that the respondent discharges the burden proving its case beyond reasonable doubt against the appellant on the allegations of April 19, 2021, and I so hold. I have no reason to interfere with the findings of the trial court on the event of April 19, 2021.

“In all, I hold that this appeal succeeds in part and is accordingly allowed in part.”

The court 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 2 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 3 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 4 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 5 of the information) is also affirmed.

“The sentences for counts 4 and 5 are to run concurrently.”

Wale Igbintade

Follow us on:

AriseNews

View Comments

  • IMPOUNDED VEHICLES FOR SALE IN A CHEAP AND AFFORDABLE AUCTION PRICE INTERESTED BUYER SHOULD KINDLY CONTACT OFFICER Ettah .

    OFFICER Ettah ON
    [081 385 59865]

    CARS FEATURES AND
    PRICE BELOW

    GOLF 2,3,4,5 #250,000
    TOYOTA CAMRY BIG
    DADDY #550,000
    TOYOTA CAMRY
    TINYLIGH= #350,000
    TOYOTA CAMRY
    MUSCLE= #450,000
    TOYOTA CAMRY
    PENCILLIGHT=#400,000
    TOYOTA COROLLA
    le=#550,000
    TOYOTA COROLLA
    S=#850,000
    TOYOTA
    VENZA=#950,00 1.8m
    TOYOTA Hilux 1.5 million
    TOYOTA AVALON
    #800,000
    TOYOTA AVENSIS
    #700,000
    TOYOTA RAV4 1.2m
    TOYOTA SIENNA
    #550,000
    TOYOTA
    4runner#850,000
    TOYOTA TUNDRA 1.9m
    TOYOTA PICNIC
    #550,000
    TOYOTA Highlander
    #850,000
    TOYOTA PADRO JEEP
    1.6m
    TOYOTA LAND
    CRUISER=1.5m
    TOYOTA YARIS #459,000
    TOYOTA MATRIX
    #650,000
    TOYOTA HAICE BUS
    #750,000
    ACCURA ZDX 1.6m
    ACCURA MDX 1.9m
    HONDA PILOT #950,00
    HONDA BABY BOY
    #550,000
    HONDA END OF
    DISCUSSION
    HONDA ACCORD
    #450,000
    Honda CR-V #850,000
    INFINITY fx450 #750,000
    to 1.4m
    NISSAN MURANO
    #650,00
    LEXUS RX 350 #950,000
    LEXUS RS 330 # 850,000
    LEXUS RS 300 # 750,000
    LEXUS RX 470 1.5m
    All NEGOTIABLE WE
    RENDER GOOD SERVICE
    TO CUSTOMER ....{ E.T .C}

    LOCATION AT OGUN
    STATE IDIROKO BORDER WE
    HAVE TWO OPTION
    ELDER WE DELIVERY OR
    YOU COME OVER IF WE
    HAVE TO COME OVER WE
    NEED THIS FROM YOU

    {1} NATIONAL ID CARD
    {2} BORDER PERMIT
    {3} INSPECTION DOCUMENTS
    {4} 2PASSPORT

    THANKS FOR YOUR
    PATRONAGE WE

    DELIVER TO 36 STATE IN
    NIGERIA AND ALSO
    COME DOWN WITH THE
    FULL PAYMENT CALL
    FOR MORE
    INFORMATION
    {081 385 59865 }!!! WE DELIVER NATION WIDE NOTICE INSTALMENTAL PAYMENT IS ALLOWED!!!!!!〽.081 385 59865

Recent Posts

Indonesian Government To Evacuate 16,000 Residents After Mount Lewotobi Eruption

Indonesia is evacuating 16,000 residents after Mount Lewotobi erupted, resulting in nine deaths and significant…

1 min ago

Philippines Stockpiles Food, Evacuates Towns As Typhoon Yinxing Threatens Northeast

The Philippines is stockpiling food, evacuating towns, and deploying soldiers in preparation for Typhoon Yinxing,…

16 mins ago

Harris Wraps Up Campaign in Philadelphia, Trump Rallies in Michigan as Tight Election Nears

Harris has concluded her campaign in Philadelphia while Trump gathers support in Michigan as election…

30 mins ago

Pennsylvania Judge Approves Elon Musk’s $1Million Voter Giveaway

A Pennsylvania judge has approved Elon Musk's plan to give away $1 million in support…

44 mins ago

Israel Hostages Forum Calls for Investigation into Leak of Confidential Documents by Netanyahu Aide

The Israel Hostages Group has urged for an investigation after a Netanyahu aide allegedly leaked…

45 mins ago

Japan Launches World’s First Wooden Satellite LignoSat To Test Timber’s Potential In Space

Japan has launched LignoSat, the world’s first wooden satellite, to explore timber's potential in sustainable…

48 mins ago