On Thursday, the Lagos Division of the Court of Appeal affirmed an earlier decision made by the Lagos State High Court, which had sentenced Nollywood actor Olanrewaju James, popularly known as Baba Ijesha, to five years in prison for the sexual assault of a fourteen-year-old juvenile.
In a ruling written by Justice Folashade Ojo, the Court of Appeal maintained Baba Ijesha's conviction on two charges—namely, indecent contact and sexual abuse of a juvenile, aged fourteen.
Paul Bassi and Justice Abdullahi Bayero agreed with Justice Folashade Ojo's ruling and concurred with the main judgment.
In her ruling, Justice Folashade Ojo disregarded Baba Ijesha's conviction for indecent treatment and sexual assault. She did this by pointing out that Damilola Adekoya, the prosecution's witness (PW1), had testified through hearsay, which rendered her testimony untrustworthy.
Nonetheless, Justice Ojo determined that Adekoya's testimony was a trustworthy eyewitness account of what happened on April 19, 2021, and that eyewitness testimony is a trustworthy and useful method of demonstrating the commission of a crime.
The appellant voluntarily confessed to the crime on April 19, 2021, and the appellant did not refute or contest Adekoya's confession at any point during the proceedings, the court further observed.
Judge Ojo noted that the appellant had given two confessions, both of which were admitted into evidence in court: one on April 19, 2021, at the Sabo Police Station in Lagos State, and the other on April 28, 2021, at the State Criminal Investigation Department, Panti.
The appellant admitted to the court that she had touched and molested the minor (PW2) indecently in both of her statements while she was by herself in Adekoya's (PW1) apartment.
According to Justice Ojo, the law is certain that the only proof available is the admission of guilt.
‘’The victim was, at most, 15 years old at the time of her testimony, and, in accordance with Section 261 of the Lagos State, 2015 Child's Rights Law, a child, based on the entirety of PW2's evidence.
"I have carefully reviewed the record and am unable to agree with the appellant that he was merely acting out a script," the court continued. The exchange that took place on April 19, 2021, between PW2 and the appellant was a face-to-face conversation rather than a staged act of pretend.
‘’Furthermore, it is evident from PW2's (the victim's) body language as well as from her oral testimony and the documentary evidence that she made an effort to put the appellant at ease. The most obvious conclusion from the appellant's actions, which included examining the entire house right away after PW1 and her guests left and sexually abusing PW2, is that he both intended to and actually did commit the offense. It is well knowledge that trial court factual conclusions on the reliability of witnesses are treated with a fair amount of deference. Trial courts benefit from first-time observation, which enables them to evaluate the mannerisms and demeanor of witnesses testifying in court.
The judge came to the conclusion that the prosecution's evidence from the trial court about Baba Ijesha's April 19, 2021, sexual assault and indecent treatment of a minor was strong enough to support the appellant's conviction. To sum up, I have no qualms about upholding the appellant's conviction for sexual assault and indecent treatment of a child.
The appellant violated Section 135 of the Lagos State 2015 Criminal Law by indecently touching PW2's body in a sexual manner. His acts are equivalent to PW2 being sexually assaulted. I maintain that the respondent has met its burden of demonstrating, beyond a reasonable doubt, that it is not guilty of the charges made on April 19, 2021. I see no justification for meddling with the trial court's conclusions about the events of April 19, 2021.
Images of Baba Ijesha
Overall, I believe that this appeal is partially successful and is thus partially granted. The conviction and sentence of the appellant to five years in jail for the offense of indecently touching a minor in violation of section 135 of the Lagos State 2011 Criminal Laws (count 2 of the charge) are set aside, the court ordered.The conviction of the appellant, which was based on count 3 of the charge, for sexually assaulting a child in violation of Section 261 of the Lagos State 2011 criminal laws, is overturned.
"I uphold the appellant's conviction for the crime of indecent treatment of a child in violation of Section 135 of the Lagos State 2015 Criminal Laws, specifically count 4 of the charge." "Count 5 of the information also affirms the appellant's conviction and sentence of three years in prison for sexual assault in violation of Section 263 of the Lagos State 2011 Criminal Law." "Counts 4 and 5 sentences are to run simultaneously."
The Lagos State Government filed a six-count indictment against Baba Ijesha, which included sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.
Baba Ijesha was sentenced to five years in jail by Justice Oluwatoyin Taiwo (rtd) of the Ikeja Domestic Violence and Sexual Offenses Court on July 14, 2022.