The Lagos Division of the Court of Appeal yesterday upheld the judgement of the Lagos State Sexual Offences and Domestic Violence Court which sentenced Nollywood actor Olanrewaju James, popularly known as Baba Ijesha, to five years imprisonment for sexually assaulting a 14-year-old minor.
The appellate court, in a unanimous judgement read 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 assaulting her.
Other panel members, Justice Abdullahi Bayero and Justice Paul Bass, aligned themselves with the lead judgement and dismissed the convict’s appeal, seeking to overturn the lower court verdict.
The trial judge, Justice Oluwatoyin Taiwo (now retired), had, on July 14, 2022, sentenced the convict after he was found guilty of four counts out of a six-count charge brought against him by the Lagos State government.
Justice Taiwo had acquitted him of the offence of sexual assault by penetration, which deals with allegedly sexually assaulting the minor by penetration with his car keys ten years ago and attempted sexual assault by penetration during another encounter with the minor on April 22, 2021.
Dissatisfied with the judgment, Baba Ijesha, through his counsel, Kayode Olabiran, had asked the appellate court to declare that his conviction and sentence were done in error by the lower court.
Delivering judgment on the appeal yesterday, Justice Ojo set aside the 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 eyewitness account remains credible and one of the most effective ways to establish a commission of an offence.
The upper court further held that the appellants voluntarily confessed to the crime of April 19, 2021, and did not challenge the statement of (PW1) Damilola Adekoya throughout the proceedings
The Justice pointed out that the appellant made extrajudicial statements at Sabo Police Station in Lagos State on the 19th of April 2021 and another statement at the State Criminal Investigation Department, Panti, on the 28th of April 2021, 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, “I have carefully looked at the record, and I cannot agree that the appellant 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 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 the appellant’s action in searching the entire house immediately after PW1 left with her visitors and sexually assaulted 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.
“On the 19, 2021, I firmly believe 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 sexually touched PW2’s body in violation of Section 135 of the Criminal Law of Lagos State 2015. His actions constitute sexual assault against PW2.
“I believe that the respondent discharged the burden of proving his case beyond reasonable doubt against the appellant on the allegations of April 19, 2021, and I 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 appellant’s conviction and sentence to five years imprisonment for indecent touching of children contrary to section 35 of the Criminal Laws of Lagos State 2011 (count 2 of the charge) is set aside.
“The Appellant’s 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,” the Justice held.
