The Court of Appeal in Lagos on Friday upheld the judgement of a Lagos State High Court, which sentenced Nollywood actor Olanrewaju James, popularly known as Baba Ijesha, to five years imprisonment for sexually assaulting a 14-year-old minor.
In the lead judgement delivered by Justice Folashade Ojo, the appellate court found Baba Ijesha guilty on counts 4 and 5, which involved indecently touching a minor and sexually assaulting her. Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgement.
Baba Ijesha was initially arraigned by the Lagos State Government on a six-count charge, including the indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.
In the original trial, Justice Oluwatoyin Taiwo (rtd) of the Lagos State Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years imprisonment on July 14, 2022. The court found him guilty of indecent treatment and sexual assault of a minor between 2013 and 2014, contrary to Section 135 of the Lagos State Criminal Law 2015. However, he was acquitted of sexual assault by penetration and attempted sexual assault by penetration.
Baba Ijesha, through his counsel Mr. Kayode Olabiran, appealed the conviction, arguing that the prosecution failed to prove he sexually assaulted the victim, claiming he was merely acting in a script.2
Justice Folashade Ojo, in her judgement, dismissed the appellant’s argument regarding the events between 2013 and 2014 as hearsay. However, she found the testimony regarding the April 19, 2021, incident credible and noted Baba Ijesha’s voluntary confession to the crime. The evidence presented, including statements made at the Sabo Police Station and the State Criminal Investigation Department, indicated that he indecently touched and molested the minor.
Justice Ojo stated that the victim’s testimony, body language, and documentary evidence supported the conclusion that Baba Ijesha’s actions were not part of a theatrical performance but a personal encounter with the victim. The court ruled that the prosecution had proven beyond reasonable doubt that the victim was a child at the time of the offence and that Baba Ijesha’s actions constituted sexual assault.
The court concluded by partially allowing the appeal. The conviction and sentence of five years imprisonment for indecent treatment of a child (count 2) and three years imprisonment for sexual assault of a child (count 3) were set aside. However, the court affirmed the five-year sentence for indecent treatment of a child (count 4) and the three-year sentence for sexual assault (count 5), with both sentences to run concurrently.
