In a landmark ruling, the Court of Appeal sitting in Lagos has affirmed the judgment of a Lagos State High Court, sentencing Nollywood actor Olanrewaju James, widely known as Baba Ijesha, to five years in prison for sexually assaulting a 14-year-old minor.
The lead judgment, delivered by Justice Folashade Ojo, confirmed Baba Ijesha’s guilt on counts 4 and 5, involving indecent touching and sexual assault of a minor. Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment.
Baba Ijesha was initially arraigned by the Lagos State Government on a six-count charge, which included 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 Lagos State Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years imprisonment for the sexual assault.
Justice Taiwo found Baba Ijesha guilty of the indecent treatment of a child and sexual assault occurring between 2013 and 2014, under Section 135 of the Lagos State Criminal Law 2015. However, she acquitted him of the charges related to sexual assault by penetration and attempted sexual assault by penetration.
Dissatisfied with the trial court’s decision, Baba Ijesha’s counsel, Mr. Kayode Olabiran, appealed the conviction, arguing that the prosecution failed to prove the sexual assault allegations. The defense claimed that Baba Ijesha was set up and merely acted in a script at the request of his colleague, Damilola Adekoya (PW1).
Justice Ojo, in her appellate ruling, dismissed the appellant’s arguments, highlighting that Baba Ijesha’s conviction on the April 19, 2021 incident was supported by credible eyewitness testimony from Damilola Adekoya. The court also noted Baba Ijesha’s voluntary confessions made at Sabo Police Station and the State Criminal Investigation Department, Panti.
Justice Ojo emphasized that the evidence provided by the prosecution was compelling and sufficient to justify Baba Ijesha’s conviction. The appellate court thus upheld the five-year sentence for indecent treatment of a child and the three-year sentence for sexual assault, ordering both sentences to run concurrently.
“The law is certain that there is no other evidence other than admission in the commission of an offence,” Justice Ojo stated. She concluded that the interaction between Baba Ijesha and the minor on April 19, 2021, was not a theatrical performance but a genuine assault.
In conclusion, Justice Ojo upheld the trial court’s findings, affirming Baba Ijesha’s guilt and the concurrent sentences, thereby reinforcing the legal stance against sexual offences and the protection of minors.
