The Lagos Division of the Court of Appeal has reserved judgment in the appeal filed by Nollywood actor Olanrewaju James, popularly known as Baba Ijesha challenging his conviction by a State High Court over the sexual assault of a minor.
The three-man panel of the appellate court, led by Justice Folasade Ojo reserved the appeal for judgment today after listening to arguments of parties in the matter.
Other members of the panel are Justice Abdullahi Bayero and Justice Paul Bassi.
In his notice of appeal, Baba Ijesha had asked the appellate court to set aside the judgment of the lower court.
On July 14, 2022, Justice Oluwatoyin Taiwo (rtd) of the Lagos Domestic Violence and Sexual Offences Court, sentenced Baba Ijesha to five years imprisonment over the sexual assault of a minor.
The judge convicted and sentenced him after he was found guilty of four out of the six counts, preferred against him by the Lagos State government.
The state through its Director of Public Prosecution Dr. Babajide Martins filed six counts bordering on indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration against the convict.
Justice Taiwo found Baba Ijesha 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 but exonerated him of the offence of sexual assault by penetration.
The judge held that the prosecution successfully proved counts two and three that he indecently placed the survivor on his lap and rubbed his penis on her body.
Justice Taiwo in her judgment held that the convict confessed that he molested the girl in 2021. “The court can convict a person based on his confessions. The convict was consistent in his admission in the two videos.
“The argument of the defence that the prosecution failed to state the exact age of the survivor cannot stand as the law states that anyone under the age of 18 years is regarded as a child,” she said.
Dissatisfied with the judgment Baba Ijesha through his counsel, Kayode Olabiran, approached the appeal court asking it to declare that his conviction and sentence were done in error.
At the hearing of the appeal on Tuesday, Baba Ijesha’s counsel Olabiran told the court that the appeal was filed on June 1, 2023.
He argued that the prosecution did not prove that Baba Ijesha sexually assaulted the victim.
Olabiran said ” The charge itself is centered on defilement of a minor but the prosecution couldn’t prove the age of the victim.
“The Appellant was set up. The Appellant is an actor. He acted in a script that he was invited to act by his colleague (PW1), Damilola Adekoya.
“(PW1)Damilola Adekoya, asked the Appellant to come and act a script. It is in the statement of PW1, at Panti Police Station, unknown to the appellant there was a CCTV in the sitting room.
” Whatever we watched in that movie was a script by the producer and the video of the scene of the acting was tendered by the prosecution.
” Based on his confessional statement as at the day of the arrest, he was under duress and there were so many people who were beating him …that was when he confessed to the offence,” he said.
Olabiran urged the court to allow the appeal and set aside the judgment of the lower court.
In his response, the DPP, Dr Babajide Martins asked the court to dismiss the appeal for lacking in merit.
Dr Martins also urged the court to affirm the judgment of the lower court.
On the age of the victim, Dr. Martins submitted that the victim said she was born on October 6, 2006, which puts her age at 14, in 2013 when the offence was committed.
” At the time she gave evidence in 2021, she was 17 years old, which still makes her a child,” he said.
After listening to the parties, the court reserved its judgment till a later date.
