Appeal Court Reserves Judgement in Baba Ijesha’s Appeal over Sexual Assault Verdict

Wale Igbintade

The Court of Appeal, Lagos Division, has reserved judgment in the appeal by a Nollywood actor, Olanrewaju James, popularly called Baba Ijesha, challenging his conviction by a Lagos State High Court for sexually assaulting a 14-year-old minor.

The three-man panel of the appellate court, led by Justice Folasade Ojo, reserved the appeal for judgment after hearing arguments of the appellant and the respondent.

Other justices on the panel were Justice Abdullahi Bayero and Justice Paul Bassi.

Baba Ijesha in his Notice of Appeal marked CA/LAG/CR/544/23 asked the appellate court to allow his appeal and set aside the judgment of the lower court.

Justice Oluwatoyin Taiwo (rtd) of the Ikeja Domestic Violence and Sexual Offences Court, had on July 14, 2022, 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 counts out of six counts, in suit number ID/14623C/2021 preferred against him by the Lagos State government.

The state had through its Director of Public Prosecution 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 convict.

The court 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.

Justice Taiwo exonerated him of the offence of sexual assault 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 on April 22, 2021.

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 Mr Kayode Olabiran, approached the appeal court praying it to upturn his conviction and sentence.

At the hearing of the appeal, yesterday, Baba Ijesha’s counsel, Olabiran argued that the prosecution failed to prove that he (Baba Ijesha) sexually assaulted the victim.

Olabiran submitted  that the charge filed by the prosecution, centered on defilement of a minor but the prosecution miserably failed to prove the age of the victim.

He told the court that Baba Ijesha was set-up by (PW1) Damilola Adekoya, contending that he merely acted a script that he was invited to act.

“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 invited the Appellant to come and act a script. It is in the statement of PW1, at Panti Police Station, unknowing 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, he argued.

On the appellant’s confessional statement, Olabiran said, “Based on his confessional statement as at the day of his arrest, he was under duress and there were so many people who were beating him, that was when he confessed to the offence.”

He urged the court to allow the appeal and  set aside the judgment of the lower court.

In his response, the DPP, Dr. Babajide Martins urged the court to dismiss the appeal for lacking in merit and for being a misconception.

He prayed the court to affirm the judgment of the lower court, which convicted Baba Ijesha of indecent treatment of a child and sexual assault.

On the age of the victim, Martin submitted that the victim in her testimony said she was born on October 6, 2006, which puts her age at 14, in 2013 when the offence was committed.

He said “At the time she gave evidence in 2021, she was 17 years old, which still makes her a child.”