The Court of Appeal sitting in Lagos has affirmed the five-year jail term sentence of Nollywood actor, Olanrewaju James, popularly known as Baba Ijesha, for sexually assaulting a 14-year-old minor.
Ijesha was sentenced to five years in prison by the Lagos State High Court.
In the lead judgment delivered by Justice Folashade Ojo, the appellate court found Baba Ijesha guilty on counts 4 and 5, which involved indecently touching and sexually assaulting the minor.
Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment.
Baba Ijesha had been arraigned by the Lagos State Government on a six-count charge, including the indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.
On July 14, 2022, Justice Oluwatoyin Taiwo (retired) of the Lagos State Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years imprisonment for sexually assaulting the minor.
The court found him guilty of indecent treatment of a child and sexual assault between 2013 and 2014, violating Section 135 of the Lagos State Criminal Law 2015.
However, Justice Taiwo acquitted Baba Ijesha of sexual assault by penetration and attempted sexual assault by penetration.
The prosecution successfully proved counts two and three, demonstrating that he indecently placed the survivor on his lap and rubbed his penis on her body.
Baba Ijesha, through his counsel Kayode Olabiran, appealed the conviction, arguing that the prosecution did not prove the sexual assault and claimed he was acting in a script provided by a colleague, Damilola Adekoya (PW1).
Justice Ojo, delivering the appellate court’s judgment, set aside Baba Ijesha’s conviction for the alleged 2013-2014 incidents, describing Adekoya’s testimony as hearsay.
However, for the April 19, 2021 incident, Justice Ojo found Adekoya’s eyewitness account credible, noting that Baba Ijesha confessed to the crime in statements made to the police.
Justice Ojo highlighted that Baba Ijesha admitted to indecently touching and molesting the victim while alone with her in Adekoya’s apartment. The court emphasized that Baba Ijesha’s actions on April 19, 2021, were not part of a script but a personal encounter, as evidenced by the victim’s testimony and body language.
The appellate court affirmed Baba Ijesha’s conviction for the indecent treatment of a child and sexual assault from the April 2021 incident. Justice Ojo concluded that the prosecution proved its case beyond a reasonable doubt.
The court ordered that “The appellant’s conviction and sentence of five years imprisonment for indecently touching a child, contrary to Section 135 of the Criminal Laws of Lagos State 2011 (count 2), is set aside.
“The appellant’s conviction of three years imprisonment for sexual assault of a child, contrary to Section 261 of the Criminal Laws of Lagos State 2011 (count 3), is set aside.
“The appellant’s conviction and sentence of five years imprisonment for indecent treatment of a child, contrary to Section 135 of the Criminal Laws of Lagos State 2015 (count 4), is affirmed.
“The appellant’s conviction and sentence of three years imprisonment for sexual assault, contrary to Section 263 of the Criminal Laws of Lagos State 2011 (count 5), is also affirmed. The sentences for counts 4 and 5 are to run concurrently.”
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