Court of Appeal sitting in Lagos has on Friday affirmed the judgment of a Lagos State High Court, which sentenced Nollywood actor, Olanrewaju James also known as Baba Ijesha, to five years imprisonment for s*xually assaulting a 14-year-old minor.
Gatekeepers News reports that the appeal panel which was led by Justice Folashade Ojo found Baba Ijesha guilty on counts 4 and 5, bordering on indecently touching a minor and s*xually assaulting her.
Recall that the Lagos State Government had arraigned the actor on a six-count bordering on the indecent treatment of a child, s*xual assault, attempted s*xual assault by penetration, and s*xual assault by penetration.
Trial judge, Justice Oluwatoyin Taiwo (retired) of Lagos State Domestic Violence and S*xual Offences Court, on July 14, 2022, sentenced Baba Ijesha to five years imprisonment.
He was found guilty of indecent treatment of a child and s*xual assault, of a minor between 2013 and 2014, which is contrary to Section 135 of Lagos State Criminal Law 2015.
Baba Ijesha who was dissatisfied with the court’s judgement, then through his counsel, Kayode Olabiran appealed the lower court ruling and prayed to the court of appeal to set aside his conviction and sentence, giving another judgment.
The actor through his lawyers argued that the prosecution failed to prove that he s*xually assaulted the minor, asserting that the incident was staged.
Justice Folashade Ojo, while delivering judgement on the appeal on Friday set aside the defendant’s conviction on indecent treatment of a child and s*xual assault of a minor, describing the testimony of PW1 (Damilola Adekoya) as hearsay.
The judge however held that on the event that occurred on April 19, 2021, the evidence of PW1 (Damilola Adekoya) was an eyewitness account.
She ruled that an eyewitness account remains credible as it is one of the most effective ways to establish a commission of an offence.
The judge said, “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.”
“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 s*xually assault committed by the appellant on the 19th of April 2021 is compelling and sufficient to justify the appellant’s conviction.”
The court’s order goes, “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 s*xual 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.”
