In a significant ruling, the appellate court, led by Justice Folashade Ojo, upheld parts of the conviction of Nollywood actor Baba Ijesha, whose real name is Olanrewaju James, for sexual offenses against a minor. The judgment was delivered following an appeal by Baba Ijesha, who had been previously sentenced by Justice Oluwatoyin Taiwo (rtd) of the Lagos State Domestic Violence and Sexual Offences Court.
Background
Baba Ijesha was arraigned by the Lagos State Government on a six-count charge, including indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration. The trial judge, Justice Taiwo, found Baba Ijesha guilty of indecent treatment of a child and sexual assault, sentencing him to five years in prison on July 14, 2022. However, he was acquitted of the charges related to sexual assault by penetration and attempted sexual assault by penetration.
Appeal Court Findings
Justice Ojo, delivering the lead judgment, set aside Baba Ijesha’s convictions on counts related to incidents that occurred between 2013 and 2014, citing the testimony as hearsay. However, she affirmed the convictions related to the events of April 19, 2021, where Baba Ijesha indecently touched and molested the minor, identified as PW2.
The court emphasized that Baba Ijesha had voluntarily confessed to the crime in statements made at Sabo Police Station and the State Criminal Investigation Department, Panti. These confessions were not challenged during the proceedings.
Key Judgments
Convictions Set Aside: The court set aside the appellant’s convictions and sentences for the indecent treatment of a child and sexual assault of a minor that allegedly occurred between 2013 and 2014.
Convictions Upheld: The court affirmed Baba Ijesha’s conviction and five-year sentence for indecent treatment of a child, as well as his three-year sentence for sexual assault, both related to the incident on April 19, 2021. These sentences are to run concurrently.
Court’s Rationale
Justice Ojo stated that the evidence provided by PW1, Damilola Adekoya, regarding the 2021 incident was credible and constituted an eyewitness account. The appellant’s actions on April 19, 2021, were not part of a theatrical performance but a personal encounter with the minor. The court found that Baba Ijesha’s behavior, including searching the house and sexually assaulting the minor, indicated his intent and actual commission of the offense.
Conclusion
The appellate court concluded that the prosecution had proven its case beyond reasonable doubt regarding the 2021 incident. While part of the appeal succeeded in setting aside convictions for earlier alleged offenses, the court upheld the critical convictions and sentences related to the more recent incident, affirming the trial court’s findings.
This ruling underscores the importance of credible eyewitness testimony and confessions in sexual assault cases, as well as the judiciary’s commitment to upholding justice for victims of such crimes.
