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 appellants 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 appellants 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 victims testimony she was at best 15 years old and a child by virtue of Section 261 of the Childs Rights Law of Lagos State, 2015.