The Lagos Division of the Court of Appeal has upheld the five-year prison sentence for Nollywood actor Olanrewaju James, known as Baba Ijesha, for sexually assaulting a 14-year-old minor.
The verdict, delivered by Justice Folashade Ojo, confirmed Baba Ijesha’s conviction on two counts: indecent touching and sexual assault.
Justices Abdullahi Bayero and Paul Bassi concurred with Justice Ojo’s judgment.
However, Justice Ojo set aside Baba Ijesha’s conviction for indecent treatment and sexual assault, noting that the testimony of prosecution witness Damilola Adekoya was hearsay and unreliable.
Despite this, Justice Ojo ruled that Adekoya’s eyewitness account of the events on April 19, 2021, was credible and reliable.
The court highlighted that Baba Ijesha voluntarily confessed to the crime committed on April 19, 2021, and did not challenge Adekoya’s statement during the proceedings.
Two confessional statements made by Baba Ijesha, one at the Sabo Police Station on April 19, 2021, and another at the State Criminal Investigation Department on April 28, 2021, were admitted as evidence in court.
Justice Ojo stated, “The law is certain that there is no other evidence other than admission in the commission of an offence.”
The judge emphasized that the victim, identified as PW2, was 15 years old at the time of her testimony and legally a child under Section 261 of the Child’s Rights Law of Lagos State, 2015.
The judge noted, “The interaction between PW2 and the appellant on April 19, 2021, was not a theatrical performance but a personal encounter. PW2’s body language, supported by her oral testimony and documentary evidence, shows she attempted to distance herself from the appellant.”
The judge concluded that the evidence presented by the prosecution was compelling and sufficient to justify Baba Ijesha’s conviction. Consequently, the court upheld his conviction and five-year sentence for the indecent treatment of a child and sexual assault.
Baba Ijesha was initially 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.
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