In a significant legal development, the Court of Appeal in Lagos on Friday upheld the conviction and five-year prison sentence of Nollywood actor Olanrewaju James, widely known as Baba Ijesha, for sexually assaulting a 14-year-old girl. The appellate court’s decision confirms the earlier judgment by the Lagos State High Court.
The lead judgment, delivered by Justice Folashade Ojo, found Baba Ijesha guilty on two counts—indecent touching of a minor and sexual assault—stemming from an incident in 2021. The other justices on the panel, Justice Abdullahi Bayero and Justice Paul Bassi, concurred with the lead judgment.
The actor was initially arraigned by the Lagos State Government on a six-count charge. These charges included indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration. In July 2022, Justice Oluwatoyin Taiwo of the Lagos State Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years in prison, finding him guilty of the indecent treatment of a child and sexual assault.
Justice Taiwo’s ruling specifically addressed offenses that occurred between 2013 and 2014, aligning with Section 135 of the Lagos State Criminal Law of 2015. However, the judge cleared him of the more severe charges of sexual assault by penetration and attempted sexual assault by penetration, which involved allegations of using a car key to assault the minor seven years prior and a separate incident in April 2021.
The trial court’s findings were challenged by Baba Ijesha, represented by his counsel, Mr. Kayode Olabiran. The defense argued that the prosecution failed to prove the sexual assault allegations, suggesting instead that Baba Ijesha was set up and merely acting out a scripted scene. His defense pointed to his profession as an actor and claimed that his colleague, Damilola Adekoya (PW1), orchestrated the entire scenario.
Upon review, the Court of Appeal partially accepted these arguments. Justice Folashade Ojo dismissed the appellant’s conviction for indecent treatment and sexual assault from incidents in 2013 and 2014, citing the evidence from Damilola Adekoya as hearsay. However, the court upheld the conviction for the events that occurred on April 19, 2021. Justice Ojo noted that the evidence provided by Damilola Adekoya was an eyewitness account and remained credible.
Crucially, the court observed that Baba Ijesha had voluntarily confessed to the crime during the investigation. His confessions, recorded at both the Sabo Police Station and the State Criminal Investigation Department, Panti, were presented as evidence. In these statements, Baba Ijesha admitted to indecently touching and molesting the victim while they were alone.
Justice Ojo emphasized that the law considers such confessions as compelling evidence. Furthermore, the judge noted that the victim, referred to as PW2, was undeniably a child at the time of the offense, as defined by Section 261 of the Child’s Rights Law of Lagos State, 2015. The court found no merit in the appellant’s claim of merely acting a script, stating that the interactions on April 19, 2021, were not theatrical but a personal encounter.
Justice Ojo’s judgment highlighted the consistency and credibility of the victim’s testimony, supported by her demeanor and additional evidence. The court concluded that the prosecution had met its burden of proof beyond a reasonable doubt regarding the offenses committed in April 2021.
In her concluding remarks, Justice Ojo affirmed Baba Ijesha’s conviction for indecent treatment of a child and sexual assault. The appellant was found to have indecently touched the victim in a sexual manner, violating Section 135 of the Criminal Law of Lagos State 2015.
The court also noted that the trial court’s credibility assessments, based on firsthand observations, were given significant deference.
The appellate court’s decision adjusted the initial convictions as follows: the conviction for indecent touching of a child, contrary to Section 135 of the Criminal Laws of Lagos State 2011 (count 2), and the conviction for sexual assault of a child, contrary to Section 261 of the Criminal Laws of Lagos State 2011 (count 3), were set aside.
However, the court affirmed the conviction and sentence of five years imprisonment for the offense of indecent treatment of a child (count 4) and three years for sexual assault (count 5), with both sentences to run concurrently.
This judgment underscores the judiciary’s commitment to upholding justice in cases of sexual assault, particularly those involving minors, reinforcing the legal consequences of such grave offenses.
