The Lagos Division of the Court of Appeal on Thursday upheld a previous ruling by the Lagos State High Court, confirming a five-year prison sentence for Nollywood actor Olanrewaju James, popularly known as Baba Ijesha, for the sexual assault of a 14-year-old minor.
In the judgment delivered by Justice Folashade Ojo, the court upheld Baba Ijesha’s conviction on two counts: indecent touching and sexual assault of the minor. Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment, affirming Justice Ojo’s decision.
While Justice Ojo set aside Baba Ijesha’s conviction for indecent treatment and sexual assault on grounds that the prosecution’s witness, Damilola Adekoya’s testimony, was hearsay, she upheld the credibility of Adekoya’s eyewitness account of the events on April 19, 2021.
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Justice Ojo emphasized that eyewitness testimony is a reliable method to establish the commission of a crime.
The court highlighted that Baba Ijesha had voluntarily confessed to the crime on April 19, 2021, and had not disputed Adekoya’s statements throughout the proceedings.
Baba Ijesha’s confessions, made at the Sabo Police Station and the State Criminal Investigation Department, Panti, were admitted as evidence.
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Justice Ojo stated, “The law is certain that there is no other evidence other than admission in the commission of an offence.” She added that the interactions between Baba Ijesha and the minor were not theatrical but a genuine personal encounter, supported by the victim’s body language and testimony.
The court found that Baba Ijesha’s actions on April 19, 2021, constituted a deliberate intent to commit the offence, substantiated by his behaviour and the victim’s attempts to distance herself from him.
Justice Ojo noted that the trial court’s assessment of witness credibility is given significant deference due to the firsthand observation advantage.
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Justice Ojo concluded that the evidence presented by the prosecution was compelling and sufficient to uphold Baba Ijesha’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,” she stated.
The court ordered, “The appellant’s conviction and sentence to 5 years imprisonment for the offence of indecently touching a child contrary to Section 135 of the Criminal Laws of Lagos State 2011 are set aside.
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The appellant’s conviction of 3 years imprisonment for the offense of sexual assault of a child contrary to Section 261 of the Criminal Laws of Lagos State 2011 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.”