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Sexual Assault: Court Sentences Baba Ijesha to Five Years Imprisonment
* Says defendant took his acting too far
Wale Igbintade
An Ikeja Special and Sexual Offences court yesterday convicted and sentenced Nollywood actor, Olanrewaju Omiyinka James, alias Baba Ijesha, to five years imprisonment over sexual assault of an underage girl.
Delivering judgement that lasted for almost three hours, Justice Oluwatoyin Taiwo sentenced him after he was found guilty of four-count out of six-count charge brought against him by the Lagos State government.
The state had through his Director of Public Prosecution (DPP), Dr. .Babajide Matins filed six counts bordering on indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration against the defendant.
Justice Taiwo held that the state failed to prove count one and six of the charges.
The court also exonerated him of offence of sexual by penetration which deals with allegedly sexually assaulting the minor by penetration with his car key seven years ago and attempted sexual assault by penetration during another encounter with the minor in April 2021.
However, the judge found him guilty and convicted him on indecent treatment and sexual assault of a minor between 2013 and 2014.
The court held that the prosecution successfully proved counts two and three that he indecently placed the survivor on his laps and rubbed his penis on her body.
He was also found guilty of counts four and five, where he was accused of indecently touching the same minor and sexually assaulting her seven years later by rubbing her body and sucking her fingers.
The court held that the defendant confessed that he molested the girl in 2021.
Justice Taiwo added: “The court can convict a person based on his confessions. The defendant was consistent in his admission in the two videos. The pain of the first prosecution witness (Damilola Adekoya Princess) was real. The girl was scared and we could see the fears in her eyes while she was giving her evidence before the court. She was compelled to make her evidence.
“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.
“The defendant may not have the thought of having sex with the survivor on that day but he aroused her by sucking her fingers and rubbing her body. He did not take off his clothes while arousing her.
“I hereby found the defendant guilty of count two to five and he is discharged of counts one and six.The defendant is here by sentenced to 5 years imprisonment for count two, 3 years for count three, 5 years for count 4 and 3 years for count five.”
The sentence is to run concurrently starting from the day he was convicted.
The court held that the review of medical expert, the testimony of the two witnesses, forensic analyst and child expert, Mrs Olabisi Ajayi-Kayode and a medical doctor, Dr. Aniekan Makanjuola that there was blunt penetration of the virginal but they cannot ascertain the time.
“The time has elapsed on the assault and the medical examination, the injury would have been erase since seven years ago.
During trial, the prosecution called six witnesses including the survivor, the mother of the victim(princess), investigation officers and medical experts.
For defence, four witnesses testified for defendant in the case.
After he was found guilty, defendant counsel, Mr. Kayode Olabiran prayed the temper justice with mercy.
He said the defendant was a first time offender who had pass through trauma of incarceration both at Kirikiri Correctional facility and Panti when he was arrested and remanded.
“There is no doubt that the defendant is remorseful. We pray my lord to consider the fact that the defendant is an actor who has impacted positively to the society in the course of his career.
“We urge your lordship to be lenient with the defendant who has lost almost all his image all over the world and will be deserted by his colleagues in the movie industry.
“He has an aged parent, wife and son who depend on him and they look up to him coming back home. We assure the court that the defendant is a changed person who will not go back to his vomit. We urge the court to be merciful unto him and consider the least sentence.”
The judge while sentencing the convict said, this case brings to the lime light of cases in the society despite the effort of government and the non-governmental organisation to sensitive the public on the
“The is very sad. The behaviour of the defendant is appalling, the case shows the length people can go in exhibiting the animalistic urge in them in abuse the position of friendship.
“The defendant took his acting too far. Children are frequently preyed on because of their inability to defend themselves.” The judge said the sentence is to run concurrently.
The convict after the judgement broke down in tears, weeping and saying he did not commit the offence. He was however surrounded by his colleagues in the industry who came to console him.