The Lagos Division of the Court of Appeal on Thursday upheld a previous ruling by a Lagos State High Court, affirming a five-year jail sentence for Nollywood entertainer Olanrewaju James, popularly known as Baba Ijesha, for the sexual assault of a 14-year old minor.
The Court of Appeal, in a judgment read by Justice Folashade Ojo, upheld the verdict against Baba Ijesha on two counts, indecent touching and sexual assault of a 14-year-old.
Justices Abdullahi Bayero and Paul Bassi agreed with the lead judgment, conforming to Justice Folashade Ojo’s decision.
In her judgment, Justice Folashade Ojo set aside Baba Ijesha’s conviction for indecent treatment and rape, saying that the testimony of the prosecution witness 1 (PW1), Damilola Adekoya, was based on hearsay and therefore not reliable.
Notwithstanding, Justice Ojo ruled that the testimony of Adekoya was a credible eyewitness account of what transpired on April 19, 2021 and that eyewitness account is a solid and reliable way to establish the commission of a crime.
Besides, the court noticed that the appellant had willfully admitted to the wrongdoing carried out on April 19, 2021, and neglected to question or challenge Adekoya’s assertion all through the whole procedures.
Justice Ojo observed that the appellant offered two confessional statements, one at the Sabo Police headquarters in Lagos State on April 19, 2021, and one more at the State Criminal Investigation Department, Panti on April 28, 2021, the two of which were conceded as evidence in court.
The court found that in the two statements, the appellant admitted to indecently touching and sexually molesting the minor (PW2) while she was with him alone in Adekoya’s (PW1) house.
Justice Ojo held, “The law is certain that there is no other evidence other than admission in the commission of an offense.
“From the totality of the evidence of PW2 it can be safely inferred that as at 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.
The judge added, “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 of April, 2021 was not a theatrical performance of make-believe but a personal encounter between the two of them.
“Moreover, PW2’s (victim) 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 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 offense, and did commit the offense.
“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’ demeanor and manner of testifying during the trial.
The judge reasoned that the evidence introduced by the prosecution before the trial court on the offense of indecent treatment of a kid, and rape committed by Baba Ijesha on April 19, 2021, is convincing and adequate enough to uphold 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 proving its case beyond reasonable doubt against the appellant on the allegations of April 19, 2021, and I hold. I have no reason to interfere with the findings of the trial court on the event of April 19, 2021.
“In all, I hold that this appeal succeeds in part and is accordingly allowed in part.”
The court ordered as follows, “The appellant’s conviction and sentence to 5 years imprisonment for the offense of indecently touching of a child contrary to Section 135 of the Criminal Laws of Lagos State 2011 (count 2 of the charge) is set aside.
“The Appellant conviction of 3 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 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 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) is also affirmed.
“The sentences for counts 4 and 5 are to run concurrently.”
Baba Ijesha was prosecuted by the Lagos State Government on a six-count charge, 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 (now retired) of the Ikeja Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years jail term.
Source: PUNCH Online
