The Court of Appeal in Lagos has upheld a previous ruling by a High Court in the state, confirming a five-year prison sentence for actor, Olanrewaju James, popularly known as Baba Ijesha, for the sexual assault of a minor.
Justice Folashade Ojo of the Appellate court, in a judgment delivered bon Thursday, upheld the conviction of Baba Ijesha on two counts, specifically indecent touching and sexual assault of a 14-year-old girl.
Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment, aligning themselves with Justice Folashade Ojo’s decision.
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 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.
The judge added; “I have carefully looked at the record and unable to agree with the appellant, that he was merely acting a script. The interaction between PW2 and the appellant on the 19th of April, 2021 was not a theatrical performance of make-believe but a personal encounter between the two of them.
“In conclusion, I have no hesitation in affirming the appellant’s conviction for the indecent treatment of a child, and sexual assault.
The court ordered as follows; “The appellant’s conviction and sentence to 5 years imprisonment for the offence of indecently touching of a child contrary to Section 135 of the Criminal Laws of Lagos State 2011 (count 2 of the charge) is set aside.
“The Appellant conviction of 3 years imprisonment for the offence of sexual assault of a child contrary to section 261 of the Criminal Laws of Lagos State 2011 (count 3 of the charge) is set aside.
“I affirm the conviction and sentence of the appellant to 5 years imprisonment for the offence of indecent treatment of a child contrary to section 135 of the Criminal Laws of Lagos State 2015 (count 4 of the charge).
“The appellant’s conviction and sentence to 3 years imprisonment for sexual assault contrary to section 263 of the Criminal Laws of Lagos State 2011 (count 5 of the information) is also affirmed. The sentences for counts 4 and 5 are to run concurrently.”
