On Friday, the Court of Appeal Lagos Division upheld the judgement of a Lagos State High Court that sentenced Nollywood actor Olanrewaju James, popularly known as Baba Ijesha, to five years in prison for sexually assaulting a 14-year-old minor.
Justice Folashade Ojo, delivering the lead judgement, affirmed Baba Ijesha’s guilt on counts 4 and 5, which involved indecently touching the minor and sexually assaulting her. Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgement.
The Lagos State Government had charged Baba Ijesha with six counts, including indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.
In her judgement 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 for sexually assaulting a minor.
The court found Baba Ijesha guilty of indecent treatment of a child and sexual assault, offenses under Section 135 of the Lagos State Criminal Law 2015, committed between 2013 and 2014.
However, Justice Taiwo acquitted him of the charge of sexual assault by penetration, which involved allegedly using his car key to sexually assault the minor seven years ago, as well as the charge of attempted sexual assault by penetration during another incident with the minor on April 22, 2021.
The judge concluded that the prosecution had effectively demonstrated that Baba Ijesha committed the offenses detailed in counts two and three, which involved indecently placing the survivor on his lap and rubbing his penis on her body.
In response, Baba Ijesha, represented by his counsel Mr. Kayode Olabiran, appealed to the Court of Appeal, seeking to overturn his conviction and sentence. The appellant argued that the prosecution had not adequately proven that he sexually assaulted the victim, asserting instead that he was merely acting a role as part of a script he was invited to perform.
He argued, “The appellant was set up. The appellant is an actor. He acted in a script that he was invited to act by his colleague (PW1), Damilola Adekoya.
Delivering judgement on the appeal on Friday, Justice Ojo set aside appellant’s 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 eyewitness account adding that an eye witness account remains credible and one of the most effective ways to establish commission of an offence.
Besides, the court held that the appellant voluntarily confessed to the crime of the event of April 19, 2021, and did not challenge the statement of (PW1), Damilola Adekoya throughout the proceedings.
Justice Ojo noted that the appellant made an extra judicial statement at Sabo Police Station Lagos State on 19th of April 2021, and another statement at the State Criminal Investigation Department, Panti on the 28th of April 2021, which were tendered in evidence.
The court held that in the two statements, the appellant admitted that he indecently touched and indeed molested PW2 while she was alone with him in PW1’s (Damilola Adekoya) apartment.
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 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.
“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 April, 2021was 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 show 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.
“As an appellate court, our role is not to supplant the trial court’s interpretation of testimonies, this court will intervene only when it’s demonstrated that the trial court’s conclusion is perverse and contrary to the facts put before them. This is not the situation in this appeal.
“There is no doubt that the trial judge meticulously evaluated all material evidence presented in court and assessed the credibility of witnesses in accordance with established legal procedures. She drew appropriate probative value before arriving at her judgement.
“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 sexual assault committed by the appellant on the 19th of April 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 succeeds in part and is accordingly allowed in part.”
The court ordered as follows “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 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 five 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 three 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.”
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