The Lagos Division of the Court of Appeal on Thursday upheld a previous ruling by a Lagos State High Court, confirming a five-year prison sentence for Nollywood actor Olanrewaju James, also known as Baba Ijesha, for the sexual assault of a minor aged 14.

The Court of Appeal, in a judgment delivered by Justice Folashade Ojo, upheld the conviction of Baba Ijesha on two counts, specifically indecent touching and sexual assault of a 14-year-old minor.

Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment, aligning themselves with Justice Folashade Ojo’s decision.

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

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

Furthermore, the court noted that the appellant had voluntarily confessed to the crime committed on April 19, 2021, and failed to dispute or challenge Adekoya’s statement throughout the entire 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 another at the State Criminal Investigation Department, Panti on April 28, 2021, both of which were admitted as evidence in court.

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

Justice Ojo held, “The law is certain that there is no other evidence other than admission in the 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.

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 offence, and did commit 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.


The judge concluded 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 Baba Ijesha on April 19, 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 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 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 5 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 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 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.”

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 (rtd) of the Ikeja Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years in prison.

Source: https://punchng.com/Appeal-Court-upholds-Nollywood-actor-Baba-Ijesha’s-five-year-jail-term

Sophisticated people

Next time he won't try it again continue eating your watery and stone beans till you fulfill your jail time. Congratulations

He may have completed his jail term if he chooses to push his appeal further to the Supreme Court.

Normally, na 15 years he suppose get.

lagbaa miscreants

This is very sad to note, that a popular personality as him, married with children, would engage in such act.

At the beginning of the matter, it was tense argument between those who believed and those who did not believe. The judges put it to rest, backed with his own statements at the police stations, that he committed the act that he was jailed for.

Should sentiments have been allowed? No. Those would have allowed him to get away and probably try his hands on one or more other little girls at later periods.

In the end, the lesson there is for paedophiles to know that their judgement day would come someday. It is for popular persons like him to know that their supporters love them and expect them to live above board.

He should be out of jail in less than two years by God’s grace. Going to the Supreme Court probably would serve to enrich his legal team more, except that he believes that he can clear his name. The video evidence in the house was damning. I pray and hope that he can pick up his career from where he left it and would not be stigmatized by his colleagues or the public. I also hope that his immediate family can forgive him also and move on.

God will save him

I thought he is out already..

Jostoman:
God will save him

So that he can come and Bleep your teenage daughter abi?

Wow

IF YOU COMMIT THE CRIME, YOU DO THE TIME. No two ways about that..... so long as he's guilty of the crime, let him dance to the music

So he got 5 years and is still complaining..


Well, his mate would be 78 years old when released in 2045.


Yeah you guessed right - R-Kelly

Crime no pay ooo

Just complete your sentence and change your ways when you’re out.

Chai..





Baba Ijesha - The unscrupulous Gbolartus!

ElevationD:
This is very sad to note, that a popular personality as him, married with children, would engage in such act.

At the beginning of the matter, it was tense argument between those who believed and those who did not believe. The judges put it to rest, backed with his own statements at the police stations, that he committed the act that he was jailed for.

Should sentiments have been allowed? No. Those would have allowed him to get away and probably try his hands on one or more other little girls at later periods.

In the end, the lesson there is for paedophiles to know that their judgement day would come someday. It is for popular persons like him to know that their supporters love them and expect them to live above board.

He should be out of jail in less than two years by God’s grace. Going to the Supreme Court probably would serve to enrich his legal team more, except that he believes that he can clear his name. The video evidence in the house was damning. I pray and hope that he can pick up his career from where he left it and would not be stigmatized by his colleagues or the public. I also hope that his immediate family can forgive him also and move on.

Little girl??

The lady is above 18yrs of age.

It's a set up to me.

Fear women!

FreeStuffsNG:
He may have completed his jail term if he chooses to push his appeal further to the Supreme Court.

He has already been jailed..
If you are sentenced, you stay in jail until whatever appeal you have going on..
That's the way it works..

Respect to the court. Judgement well served.

jamafa:


Little girl??

The lady is above 18yrs of age.

It's a set up to me.

Fear women!

So you can touch ladies above 18years anyhow. Set up and he felt for it then he deserved the punishment.

This one na gbegiri actor from west, no be Nollywood actor.

This guy go serve government well

Na so wicked and earthless women take finish this guy

FatimaAbubakar:
This one na gbegiri actor from west, no be Nollywood actor.

you've been noticed. Next shediot please.

Frankiss44:


So that he can come and Bleep your teenage daughter abi?

Some poeple will just open their mouth waaaaaa

jamafa:


Little girl??

The lady is above 18yrs of age.

It's a set up to me.

Fear women!

He f’d up falling for the set up. The woman that set him up knew the kind of person he was. I blame him to not being able to control his sexual urges.

In the video he started touching the lady just barely when Princess stepped out of the house.

jamafa:


Little girl??

The lady is above 18yrs of age.

It's a set up to me.

Fear women!

Even if the gal is 20yrs, someone like him supposed to be wiser than that if he truly commit the crime because only God knows the truth. I am not trying to sound judgemental here but we should all be careful and be good to everyone we come across in this life

Iya Ojo won this one , but she won’t win vdm

BABANGBALI:
you've been noticed. Next shediot please.

Who is this rat running around my feet?

donbenie:
He has already been jailed..
If you are sentenced, you stay in jail until whatever appeal you have going on..
That's the way it works..

He is looking for a way to remove "ex-convict" label...

Unfortunately, e no go work