Baba Ijesha’s Five-Year Jail Term Stands – Appeal Court

The Court of Appeal in Lagos has upheld the decision of the Lagos State High Court, which sentenced Nollywood actor, Baba Ijesha to five years in prison for sexually assaulting a 14-year-old minor.

In its lead judgment, the Court of Appeal in Lagos, presided by Justice Folashade Ojo, found Baba Ijesha, guilty on counts 4 and 5, which involved indecently touching and sexually assaulting a minor, and fellow justices, Abdullahi Bayero and Paul Bassi concurred with this decision.

Recall that on July 14, 2022, the trial judge, Justice Oluwatoyin Taiwo of the Ikeja Domestic Violence and Sexual Offences Court, sentenced Baba Ijesha to five years imprisonment, and Justice Ojo has now upheld the conviction for the 2021 incident, citing credible eyewitness testimony from Damilola Adekoya and Baba Ijesha’s voluntary confession.

His words, “The law is certain that there is no other evidence other than admission in 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.

It is significant to note that the appellant did not challenge PW2’s on the evidence she gave. It is in view of all these that I hold that the prosecution established that PW2, the victim of the offence was a child at the time of the alleged offences in 2021.

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 April, 2021was not a theatrical performance of make-believe but a personal encounter between the two of them.

Moreover, PW2’s (victim) body language supported by her oral testimony and documentary evidence clearly show that she attempted to distance herself from the appellant. The most inference to draw from from appellant’s action in searching the entire house immediately after PW1 left with her visitors and sexually assaulting PW2 is that he intended to commit the offence, and did committed the offence.

It’s trite that factual findings of the trial court involving the credibility of witnesses are accorded almost respect. Trial courts have the advantage of first-time observation, which allows them to assess witnesses’ demeanour and manner of testifying during the trial.

On the event of April 19, 2021, it is my firm belief that the evidence of PW1 does not amount to hearsay, she was an eye witness. My conclusion is that the evidence presented by the prosecution before the trial court on the offence of indecent treatment of a child, and sexually assault committed by the appellant on the 19th of April 2021 is compelling and sufficient to justify the appellant’s conviction.

In conclusion, I have no hesitation in affirming the appellant’s conviction for the indecent treatment of a child , and sexual assault. The appellant indecently touched PW2’s body in a sexual manner, in violation of Section 135 of the Criminal Law of Lagos State 2015. His actions constitute sexual assault against PW2.

I am of the view that the respondent discharge the burden proving it’s case beyond reasonable doubt against the appellant on the allegations of April 19, 2021, and I so hold. I have no reason to interfere with the findings of the trial court on the event of April 19, 2021. In all , I hold that this appeal succeed in part and it accordingly allowed in part.

The appellant’s conviction, and sentence to five 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’s conviction of three 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 five 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.”