BREAKING: COURT FINDS BABA IJESHA GUILTY OF SEXUAL ASSAULT, SENTENCES HIM TO 16 YEARS IN PRISON
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By Aishat Momoh. O.
Justice Oluwatoyin Taiwo, of the Special Offences Court in Ikeja, has delivered judgement on the Sexual assault case against the Nollywood actor, Olanrewaju James popularly known as Baba Ijesha.
The court sentenced baba ijesha to 16 years in prison but he would serve concurrently for five years starting from July 14th, 2022 when the judgement was delivered.
While giving judgement on Thursday, Justice Taiwo mentioned that, Baba Ijesha Is found guilty of indecent treatment and sexual assault of a minor between year 2013 to 2014.
Baba Ijesha, faces a six-count charge bordering on the indecent treatment of a minor, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
The court finds that the prosecution successfully proved counts 2 and 3, that he indecently places her on his laps and rubbed his penis on her body.
He is also found guilty of counts 4 and 5, where he was accused of again indecently touching the same minor and sexually assaulting her seven years later by rubbing her body and sucking her fingers.
But justice Oluwatoyin Taiwo found him not guilty of count 1 which deals with allegedly sexually assaulting the minor by penetration with his car key seven years ago and count 6, where he was accused of attempted sexual assault by penetration during another encounter with the minor in April 2021.
The court therefore sentenced Baba Ijesha to Five years concurrent in prison.
On June 24, 2021, the defendant was called to the stand. Six witnesses for the prosecution testified against him throughout the trial.
They were Princess, an actress and comedian; the 14-year-old minor; Mrs. Olabisi Ajayi-Kayode, a child expert; and Dr. Aniekan Makanjuola, a physician.
Others were Inspector Abigail Omane, a policewoman, and the investigating police officer, ASP Wahab Kareem.
On December 15, 2021, the DPP concluded its prosecution of the defendant; on April 1, 2021, Baba Ijesha questioned four witnesses and concluded its defense.
The defendant, Baba Ijesha, and Mr. Lawrence Ayeni, a professional in video creation and CCTV installation and maintenance, served as the defense’s witnesses.
Mr Olukayode Olugbemi, a clinical psychologist and Mr Olukayode Ogunbanjo, the defendant’s friend and colleague also testified for the defence.
Defence counsel, Mr Dada Awosika (SAN), in adopting his final written address dated May 12 and filed on May 16, urged the court to dismiss the suit and discharge the defendant.
Awosika argued that the footage of the CCTV was illegally obtained.
He had said, “In the interest of justice, exhibit A which was the CCTV footage that recalled the event was illegally obtained.
“The exhibit was not tendered by the maker. It was tendered by Princess, the complainant.”
He argued that the recording had been tampered with especially since the defendant did not go to the complainant’s house uninvited.
He further submitted that the alleged confessional statement of the defendant failed the provision of Section 9 (3 ) of the Administration of Criminal Justice Law (ACJL) of Lagos State 2021.
“The Evidence Act allows legislation to guide the admissibility of documents before the court. ACJL has stated that if a confessional statement is to be used, it must meet some certain degree by ACJL which is not applied in this case.
“We urge the court to discredit the confessional statement. The defendant moved in a jiffy to participate in a short skit that put him in trouble. My Lord, my client was trapped.
“Concerning the age of the girl in question, Exhibits D and E are not saying the same thing.
“It is our submission My Lord, that the court is bound to call the biological mother inside the box to tell us her real age or her birth certificate or scientific evidence is tendered to ascertain the age but none was done.
“The prosecution agreed that the age of the minor must be established. However, it has also agreed that nothing has been done to provide the real age,” Awosika said.
The Director of DPP, Dr Babajide Martins, in his final written address dated May 31, however, urged the court to convict Baba Ijesha as charged.
He argued that one of the defence witnesses, Mr Lawrence Ayeni, told the court that the CCTV recording could not be manipulated.
“On the issue of the CCTV recording My Lord, the first defence witness (Ayeni) told this honourable court during cross-examination that it cannot be manipulated and that the content of CCTV cannot be changed.
“Most importantly, he said he cannot say if the sexual assault did not happen. These are the testimonies from the defence witness My Lord.
“The defendant admitted to have been with the girl in both the incident that happened seven years ago and the one that happened in 2021.
“He also admitted to have sucked her fingers during the cross-examination.
“On the issue of ACJL, the primary legislation supersedes the secondary legislation.
“On the issue of a medical certificate, the defendant said he did not have any issue with the medical doctor and had never met him when I cross-examined him.
“As a result, he has no reason to mislead the court,” Martins said.
Martins further told the court that the definition of a child was anybody below the age of 18 years and that the prosecution had proven that the girl was below the age.
The DPP said the defendant also admitted during the trial that he never mentioned that he was acting a script when he was detained by the police at Sabo and Panti.
Meanwhile, Actor Yomi Fabiyi has considered appealing on behalf the embattled Nollywood actor.
In a news interview, Fabiyi claimed that Baba Ijesha still has plenty of opportunities to appeal the judge’s decision till he has used up all of his options.
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