The Court of Appeal, Lagos Division on Friday, June 28, 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 who presided over the case 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 panel members, 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.
Dissatisfied with the verdict, Baba Ijesha through his counsel Mr. Kayode Olabiran, appealed the lower court decision, praying the appellate court 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 according to a script that he was invited to act.
Delivering judgment on the appeal, yesterday, Justice Folashade 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 eyewitness account, adding that an eyewitness account remains credible and one of the most effective ways to establish commission of an offence.
The court held that the appellant voluntarily confessed to the crime 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.