Appeal Court upholds Nollywood actor Baba Ijesha’s five-year jail term

 

The Lagos Division of the Court of Appeal on Thursday upheld a previous ruling by a Lagos State High Court, confirming a five-year prison sentence for Nollywood actor Olanrewaju James, also known as Baba Ijesha, for the sexual assault of a minor aged 14.

The Court of Appeal, in a judgment delivered by Justice Folashade Ojo, upheld the conviction of Baba Ijesha on two counts, specifically indecent touching and sexual assault of a 14-year-old minor.

Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment, aligning themselves with Justice Folashade Ojo’s decision.

Justice Folashade Ojo delivered a judgment setting aside Baba Ijesha’s conviction for indecent treatment and sexual assault, citing that the testimony of the prosecution’s witness (PW1), Damilola Adekoya, was hearsay, and therefore, unreliable.

However, Justice Ojo ruled that the testimony of Adekoya was a credible eyewitness account of the events that occurred on April 19, 2021 and that eyewitness testimony is a reliable and effective way to prove the commission of a crime.

Furthermore, the court noted that the appellant had voluntarily confessed to the crime committed on April 19, 2021, and failed to dispute or challenge Adekoya’s statement throughout the entire proceedings.

Justice Ojo observed that the appellant made two confessional statements, one at the Sabo Police Station in Lagos State on April 19, 2021, and another at the State Criminal Investigation Department, Panti on April 28, 2021, both of which were admitted as evidence in court.

The court found that in both statements, the appellant confessed to indecently touching and molesting the minor (PW2) while she was alone with him in Adekoya’s (PW1) apartment.

Justice Ojo held, “The law is certain that there is no other evidence other than admission in the 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.