Entertainment
Appeal Court upholds Nollywood actor Baba Ijesha’s five-year jail term
The Lagos Division of the Court of Appeal on Thursday upheld
a previous ruling by a Lagos State High Court, confirming a five-year prison
sentence for Nollywood actor Olanrewaju James, also known as Baba Ijesha, for
the sexual assault of a minor aged 14.
The Court of Appeal, in a judgment delivered by Justice
Folashade Ojo, upheld the conviction of Baba Ijesha on two counts, specifically
indecent touching and sexual assault of a 14-year-old minor.
Justices Abdullahi Bayero and Paul Bassi concurred with the
lead judgment, aligning themselves with Justice Folashade Ojo’s decision.
Justice Folashade Ojo delivered a judgment setting aside
Baba Ijesha’s conviction for indecent treatment and sexual assault, citing that
the testimony of the prosecution’s witness (PW1), Damilola Adekoya, was
hearsay, and therefore, unreliable.
However, Justice Ojo ruled that the testimony of Adekoya was
Furthermore, the court noted that the appellant had
Justice Ojo observed that the appellant made two
The court found that in both statements, the appellant
Justice Ojo held, “The law is certain that there is no other
“From the totality of the evidence of PW2 it can be safely
The judge added, “I have carefully looked at the record and
“Moreover, PW2’s (victim) body language supported by her
“It’s trite that factual findings of the trial court
The judge concluded that the evidence presented by the
“In conclusion, I have no hesitation in affirming the
“The appellant indecently touched PW2’s body in a sexual
“I am of the view that the respondent discharges the burden
“In all, I hold that this appeal succeed in part and it
The court ordered as follows, “The appellant’s conviction
“The Appellant conviction of 3 years imprisonment for the
“I affirm the conviction and sentence of the appellant to 5
“The appellant’s conviction and sentence to 3 years
“The sentences for counts 4 and 5 are to run concurrently.”
Baba Ijesha was prosecuted by the Lagos State Government on
On July 14, 2022, Justice Oluwatoyin Taiwo (rtd) of the Click to signup for FREE news updates, latest information and hottest gists everyday
a credible eyewitness account of the events that occurred on April 19, 2021 and
that eyewitness testimony is a reliable and effective way to prove the
commission of a crime.
voluntarily confessed to the crime committed on April 19, 2021, and failed to
dispute or challenge Adekoya’s statement throughout the entire proceedings.
confessional statements, one at the Sabo Police Station in Lagos State on April
19, 2021, and another at the State Criminal Investigation Department, Panti on
April 28, 2021, both of which were admitted as evidence in court.
confessed to indecently touching and molesting the minor (PW2) while she was
alone with him in Adekoya’s (PW1) apartment.
evidence other than admission in the commission of an offence.
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.
unable to agree with the appellant, that he was merely acting a script. The
interaction between PW2 and the appellant on the 19th of April, 2021 was not a
theatrical performance of make-believe but a personal encounter between the two
of them.
oral testimony and documentary evidence clearly shows that she attempted to
distance herself from the appellant. The most inference to draw from 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.
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.
prosecution before the trial court on the offence of indecent treatment of a
child, and sexual assault committed by Baba Ijesha on April 19, 2021, is
compelling and sufficient to justify the appellant’s conviction.
appellant’s conviction for the indecent treatment of a child, and sexual
assault.
manner, in violation of Section 135 of the Criminal Law of Lagos State 2015.
His actions constitute sexual assault against PW2.
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.
accordingly allowed in part.”
and sentence to 5 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.
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.
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)
imprisonment for sexual assault contrary to section 263 of the Criminal Laws of
Lagos State 2011 (count 5 of the information) is also affirmed.
a six-count charge, including indecent treatment of a child, sexual assault,
attempted sexual assault by penetration, and sexual assault by penetration.
Ikeja Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five
years in prison.
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