The Court of Appeal sitting in Lagos yesterday upheld the five years prison sentence slammed on a notable Nollywood actor, Olanrewaju James popularly known as Baba Ijesa for sexually assaulted a 14 year old girl.
In a lead judgement read by Justice Folashade Ojo, the court upheld the verdict on Baba Ijesha on two counts, indecent touching and sexual assault of a 14-year-old minor.
Her colleagues, Justices Abdullahi Bayero and Paul Bassi agreed with the lead judgment delivered by Justice Ojo.
Justice 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.
In addition, the court pointed out 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.
She noted 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.
According to Justice Ojo, “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. 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 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.”
She added 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”, she opined.
She ordered, “The appellant’s conviction and sentence o 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)
