The Court of Appeal sitting in Lagos on Friday upheld the Lagos State High Court’s judgment, which sentenced Nollywood actor Olanrewaju James, popularly known as Baba Ijesha, to five years imprisonment for sexually assaulting a 14-year-old minor.
In the lead judgment delivered by Justice Folashade Ojo, the appellate court found Baba Ijesha guilty on counts 4 and 5, which included indecently touching a minor and sexually assaulting her. Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment.
The Lagos State Government had arraigned Baba Ijesha on a six-count charge involving the indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.
In her July 14, 2022, judgment, Justice Oluwatoyin Taiwo (rtd) 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, contrary to Section 135 of Lagos State Criminal Law 2015.
Justice Taiwo exonerated him of sexual assault by penetration, which involved allegations of sexually assaulting the minor with a car key seven years ago and attempted sexual assault by penetration in April 2021.
She held that the prosecution successfully proved counts two and three, where Baba Ijesha indecently placed the survivor on his lap and rubbed his penis on her body.
Dissatisfied with the judgment, Baba Ijesha’s counsel, Mr. Kayode Olabiran, appealed, arguing that the prosecution failed to prove the sexual assault and that Baba Ijesha was merely acting in a script invited by his colleague, Damilola Adekoya (PW1).
Delivering the judgment on the appeal, Justice Folashade Ojo set aside the conviction for the 2013-2014 indecent treatment of a child and sexual assault, describing PW1’s testimony as hearsay.
However, Justice Ojo upheld the April 19, 2021, incident as credible, noting Baba Ijesha’s voluntary confession at the Sabo Police Station and the State Criminal Investigation Department, Panti.
Justice Ojo stated, “The law is certain that there is no other evidence other than admission in commission of an offence.” She affirmed that the interaction between Baba Ijesha and the minor on April 19, 2021, was not a theatrical performance but a personal encounter. The court concluded that Baba Ijesha intended to and did commit the offence.
In summary, Justice Ojo affirmed Baba Ijesha’s conviction for the indecent treatment of a child and sexual assault on April 19, 2021. She ordered the following:
– 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 conviction and sentence of five years imprisonment for the 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.
