Appeal Court Upholds Nollywood Actor Baba Ijesha's Five-Year Jail Sentence

The Lagos Division of the Court of Appeal on Thursday upheld an earlier ruling by a Lagos State High Court, upholding the five-year jail term handed down to Nollywood actor Olanrewaju James, also known as Baba Ijesha, for sexually assaulting a 14-year-old girl.

The Court of Appeal, in a judgment delivered by Justice Folashade Ojo, upheld Baba Ijesha's conviction on two counts, namely indecent touching and sexual assault of a minor aged 14.

Justices Abdullahi Bayero and Paul Bassi concurred in the main judgment, aligning themselves with the decision of Justice Folashade Ojo.

Justice Folashade Ojo delivered a judgment quashing Baba Ijesha's conviction for indecent treatment and sexual assault, holding that the testimony of prosecution witness (PW1), Damilola Adekoya, was hearsay and therefore unreliable.

However, Justice Ojo ruled that Adekoya’s testimony was a credible eyewitness account of the events that occurred on April 19, 2021 and that eyewitness testimony is a reliable and effective means of proving the commission of a crime.

Further, the court noted that the appellant voluntarily confessed to the crime committed on April 19, 2021 and did not challenge or challenge Adekoya’s statement throughout the proceedings.

Justice Ojo observed that the appellant made two confessional statements, one at the Sabo Police Station in Lagos State on April 19, 2021, and the other at the State Criminal Investigation Department, Panti, on April 28, 2021, both of which were admitted into evidence in court.

The court found that in both statements, the appellant confessed to touching and sexually assaulting the minor (PW2) while she was alone with him in Adekoya's (PW1) apartment.

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

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

The judge added: “I have looked at the record carefully and I cannot agree with the appellant, he was just acting out a scenario. The interaction between PW2 and the appellant on 19 April 2021 was not a theatrical performance of the imagination, but a personal encounter between the two. »

Furthermore, the body language of PW2 (victim), supported by her oral and documentary evidence, clearly shows that she attempted to distance herself from the appellant. The main inference that can be drawn from the appellant's act of searching the entire house immediately after PW1 left with her visitors and sexually assaulting PW2 is that he intended to commit the offence and that he actually committed it.

It is clear that the trial court's factual findings regarding the credibility of the witnesses are almost respected. Trial courts have the advantage of being able to observe the trial at first instance, which allows them to assess the demeanor of the witnesses and their manner of testifying during the trial.

The judge found that the evidence presented by the prosecution before the trial court regarding the offence of indecent treatment of a child and sexual assault committed by Baba Ijesha on 19 April 2021 is compelling and sufficient to justify the conviction of the appellants.

In conclusion, I have no hesitation in upholding the appellants' conviction for indecent treatment of a child and sexual assault.

“The appellant indecently touched the body of PW2 in a sexual manner contrary to Section 135 of the Criminal Law of Lagos State 2015. His acts constitute sexual assault on PW2.

I am of the view that the respondent has met the burden of proving beyond a reasonable doubt his case against the appellant on the allegations of April 19, 2021, and I am of the view that this is what I conclude. I have no reason to interfere with the trial court's findings on the events of April 19, 2021.

“Overall, I consider that this appeal is partly successful and is therefore partly allowed.”

The court ordered as follows: The appellant's conviction and sentence of 5 years imprisonment for the offence of indecent touching of a child contrary to section 135 of the Criminal Laws of Lagos State 2011 (Count 2) are quashed.

The appellant's conviction to 3 years' imprisonment for the offence of sexual assault on a child contrary to section 261 of the Lagos State Criminal Code 2011 (Count 3 of the charge) is quashed.

I confirm the conviction and sentence of the appellant to 5 years imprisonment for the offense of indecent treatment of a child contrary to section 135 of the Criminal Laws of Lagos State, 2015 (Count 4 )

The conviction of the appellants and their sentence of 3 years imprisonment for sexual assault contrary to Section 263 of the Criminal Laws of Lagos State, 2011 (Count 5 of the Information) is also affirmed.

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

Baba Ijesha was prosecuted by the Lagos State Government on six charges, including indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.

On July 14, 2022, Justice Oluwatoyin Taiwo (rtd) of the Ikeja Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years in prison.