The Court of Appeal sitting in Lagos, has affirmed the judgment of a Lagos State High Court, which sentenced Nollywood actor, Olanrewaju James, popularly called Baba Ijesha to five years imprisonment for sexually assaulting a 14-year-old minor.
The appellate court in its lead judgment by Justice Folashade Ojo (presided) found the appellant (Baba Ijesha) guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulted her.
Other members of the panel, Justice Abdullahi Bayero and Justice Paul Bassi agreed with the lead judgement.
The Lagos State Government had prosecuted Baba Ijesha on a six-count charge of indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
In her judgment, the trial judge, Justice Oluwatoyin Taiwo now retired of the Ikeja Domestic Violence and Sexual Offences Court, on July 14, 2022, sentenced Baba Ijesha to five years imprisonment over 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 verdict, Baba Ijesha through his counsel Mr. Kayode Olabiran, appeal the lower court decision, praying the appellate court to allow the appeal and set aside his conviction and sentence.
The appellant argued that the prosecution failed to prove that he (Baba Ijesha) sexually assaulted the victim, contending that the appellant merely acted a script that he was invited to act.
Delivering judgment on the appeal, yesterday, Justice Folashade Ojo set aside appellant’s conviction on indecent treatment of a child and sexual assault of a minor which allegedly occurred between 2013 and 2014, describing the testimony of PW1 (Damilola Adekoya) as hearsay.
Justice Ojo, however held that on the event that occurred on April 19, 2021, the evidence of PW1 (Damilola Adekoya) was an eye witness account, adding that an eye witness account remains credible and one of the most effective ways to established commission of an offence.
The court held that the appellant’s voluntarily confessed to the crime of of April 19, 2021, and did not challenge the statement of (PW1), Damilola Adekoya throughout the proceedings.
Justice Ojo noted that the appellant made extra judicial statement at Sabo Police station Lagos State on April 19, 2021, and another statement at the State Criminal Investigation Department, Panti on April 28, 2021, which were tendered in 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 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.
“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, 2021was 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 show that she attempted to distance herself from the appellant.
The most inference to draw from 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 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 eye witness. My conclusion is that the evidence presented by the prosecution before the trial court on the offence of indecent treatment of a child, and sexually 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 discharge the burden proving it’s 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 all , I hold that this appeal succeed in part and it accordingly allowed in part.
The court ordered as follows “The appellant’s conviction, and sentence to five years imprisonment for the offence 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 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 fiveyears 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) is also affirmed.
“The sentences for counts 4 and 5 are to run concurrently”.
