It is no longer news that the Court of Appeal, Lagos State, last week Thursday affirmed the judgement of a Lagos State High Court which sentenced Nollywood actor, Olanrewaju James, popularly known as Baba Ijesha, to 5 years imprisonment for the offence of indecent treatment of a child and 3 years imprisonment for sexual assault.
In its lead judgement delivered by Justice Folashade Ojo, the appellate court found the appellant, Baba Ijesha, guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulting her.
It was a unanimous judgement as other members of the panel, Justice Abdullahi Bayero and Justice Paul Bassi aligned themselves with it.
Recall that Justice Oluwatoyin Taiwo (rtd) of the Lagos State Domestic Violence and Sexual Offences Court, on July 14, 2022, sentenced Baba Ijesha to five years imprisonment. This was following his arraignment by the Lagos State Government on a six-count charge bordering on indecent treatment of a child, sexual assault, and attempted sexual assault by penetration.
The court found him 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.
Not satisfied with the judgement, Baba Ijesha through his counsel Kayode Olabiran, approached the Appeal Court and asked that his conviction and sentence be set aside.
But delivering judgment on the appeal, 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 eyewitness account adding that this account remains credible and one of the most effective ways to establish an offence.
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.
The court also held that in the two statements, the appellant admitted indecently touching and molesting PW2 while she was alone with him in PW1’s (Damilola Adekoya) apartment.
“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 survivors’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 of April, 2021 was not a theatrical performance of make-believe but a personal encounter between the two of them.
“Moreover, PW2’s (survivor) body language supported by her oral testimony and documentary evidence clearly shows that she attempted to distance herself from the appellant.
“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.
“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 discharged the burden of 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 events of April 19, 2021. In all, I hold that this appeal succeeds in part and it is accordingly allowed in part,” Justice Ojo held.
The court ordered that the appellant’s conviction and sentence for counts 4 and 5 should run concurrently.
Baba Ijesha’s only option now is the Supreme Court. The appellant had argued that he was set up. As an actor, he said he acted in a script that he was invited to act by his colleague (PW1), Damilola Adekoya. While it remains unclear if he would appeal against the Thursday’s judgement, it is only the Supreme Court that can determine his fate.
What’s Next For Baba Ijesha As Court Affirms Actor’s Sexual Assault Conviction? is first published on The Whistler Newspaper