Appeal Court upholds Baba Ijesha’s 5-year sentence for sexual assault

The Court of Appeal in Lagos has upheld the conviction of Nollywood actor Olanrewaju James, a.k.a. Baba Ijesha, and affirmed the five-year prison sentence imposed by the Lagos State High Court for the sexual assault of a 14-year-old minor.

In its ruling, the appellate court, led by Justice Folashade Ojo, upheld the conviction of Baba Ijesha on counts 4 and 5, which involved indecently touching a minor and sexually assaulting her.

Other members of the panel, Justice Abdullahi Bayero and Justice Paul Bassi, agreed with the lead judgment.

Persecondnews recalls that the Lagos State Government has slammed a six-count charge against Baba Ijesha, alleging indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.

Justice Oluwatoyin Taiwo (now retired) of the Ikeja Domestic Violence and Sexual Offences Court delivered a judgement on July 14, 2022, sentencing Baba Ijesha to a five-year prison term for the sexual assault of a minor.

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.

Dissatisfied with the outcome, Baba Ijesha, through his lawyer, Mr. Kayode Olabiran, filed an appeal against the lower court’s decision, requesting that the appellate court overturn his conviction and sentence.

The appellant contended that the prosecution’s lack of sufficient evidence to establish sexual assault was due to his mere performance of a hired script.

In a judgment delivered yesterday, Justice Folashade Ojo overturned Baba Ijesha’s conviction on two counts: indecent treatment of a child and sexual assault of a minor, which allegedly took place between 2013 and 2014.

The court granted the appeal after concluding that the prosecution’s key witness, Damilola Adekoya, had hearsay testimony and lacked credible evidence to support a conviction.

However, Justice Ojo ruled that, regarding the incident on April 19, 2021, Damilola Adekoya’s (PW1) testimony was a direct eyewitness account, which is considered reliable and one of the most persuasive forms of evidence to prove the commission of a crime.

Throughout the entire legal process, the appellant (Baba Ijesha) did not dispute or contradict the testimony of Damilola Adekoya (PW1).

The appellant (Baba Ijesha) made two confessional statements, one at the Sabo Police Station in Lagos State on April 19, 2021, and another at the State Criminal Investigation Department (SCID) in Panti on April 28, 2021, both of which the court admitted as evidence.

Justice Ojo held: “The law is certain that there is no other evidence other than admission in commission of an offence.

“From the totality of the evidence of PW2, it can be safely inferred that, as of the date of the victim’s testimony, she was at best 15 years old and a child by virtue of Section 261 of the Child’s Rights Law of Lagos State, 2015.

“It is significant to note that the appellant did not challenge PW2’s on the evidence she gave. It is in view of all these that I hold that the prosecution established that PW2, the victim of the offence, was a child at the time of the alleged offences in 2021.

“I have carefully looked at the record and unable to agree with the appellant that he was merely acting a script. The interaction between PW2 and the appellant on the 19th April, 2021, was not a theatrical performance of make-believe but a personal encounter between the two of them.

“Moreover, PW2’s (victim’s) body language, supported by her oral testimony and documentary evidence, clearly shows that she attempted to distance herself from the appellant. The most inference to draw from the appellant’s action in searching the entire house immediately after PW1 left with her visitors and sexually assaulting PW2 is that he intended to commit the offence and did committed the offence.

“It’s trite that factual findings of the trial court involving the credibility of witnesses are accorded almost respect. Trial courts have the advantage of first-time observation, which allows them to assess witnesses’ demeanour and manner of testifying during the trial.

“On the event of April 19, 2021, it is my firm belief that the evidence of PW1 does not amount to hearsay; she was an eyewitness. My conclusion is that the evidence presented by the prosecution before the trial court on the offence of indecent treatment of a child and sexual assault committed by the appellant on the 19th of April 2021 is compelling and sufficient to justify the appellant’s conviction.

“In conclusion, I have no hesitation in affirming the appellant’s conviction for the indecent treatment of a child and sexual assault. The appellant indecently touched PW2’s body in a sexual manner, in violation of Section 135 of the Criminal Law of Lagos State 2015. His actions constitute sexual assault against PW2.

“I am of the view that the respondent discharges the burden by proving its case beyond reasonable doubt against the appellant on the allegations of April 19, 2021, and I so hold. I have no reason to interfere with the findings of the trial court on the event of April 19, 2021.

In conclusion, I rule that this appeal is successful in part, and therefore, I grant it in part.

The court ordered as follows: “The appellant’s conviction and sentence to five years imprisonment for the offence of indecently touching a child contrary to Section 135 of the Criminal Laws of Lagos State 2011 (count 2 of the charge) are set aside.

“The appellant’s conviction of three years imprisonment for the offence of sexual assault of a child contrary to Section 261 of the Criminal Laws of Lagos State 2011 (count 3 of the charge) is set aside.

“I affirm the conviction and sentence of the appellant to five years imprisonment for the offence of indecent treatment of a child contrary to Section 135 of the Criminal Laws of Lagos State 2015 (Count 4 of the charge).

“The appellant’s conviction and sentence to 3 years imprisonment for sexual assault contrary to Section 263 of the Criminal Laws of Lagos State 2011 (count 5 of the information) are also affirmed.

“The sentences for counts 4 and 5 are to run concurrently.”