By Jude-Ken Ojinnaka
Court of Appeal Lagos Division has reserved judgement in the appeal filed by a Nollywood actor Olanrewaju James, popularly called Baba Ijesha challenging his conviction by a Lagos 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 judgement on Tuesday after listening to arguments of the appellant and the respondent.
Other members of the panel are Justice Abdullahi Bayero and Justice Paul Bassi.
In his notice of appeal marked CA/LAG/CR/544/23, Baba Ijesha asked the appellate court to set aside the judgement of the lower court.
Recall that 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 Martins filed six counts charge 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 (as he then was), 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 judgement 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.
But dissatisfied with the judgement, Baba Ijesha through his counsel Mr Kayode Olabiran, approached the appeal court praying 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 could 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, unknowingly 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 however, urged the court to allow the appeal and set aside the judgement of the lower court, delivered on July 14, 2022.
Responding, the DPP, Dr Babajide Martins urged the court to dismiss the appeal as it is lacking in merit and also a misconception.
Dr Martins also urged the court to affirm the judgement of the lower court delivered on July 14, 2022, which convicted Baba Ijesha of indecent treatment of a child and sexual assault.
On the age of the victim, 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.
