THE Court of Appeal, Lagos Division, has reserved judgment in the appeal filed by a Nollywood actor, Olanrewaju James, alias Baba Ijesha, challenging his conviction by a Lagos State High Court.
Baba Ijesa, was on July 14, 2022, convicted of sexual assault of a minor.
Justice Oluwatoyin Taiwo (retd.) of the Ikeja Domestic Violence and Sexual Offences Court sentenced him to five years imprisonment.
On Tuesday, a three-man panel of the appellate court, led by Justice Folasade Ojo, heard Baba Ijesa’s appeal against his conviction and reserved judgment to a date to be communicated to the parties.
Other members of the panel are Justice Abdullahi Bayero and Justice Paul Bassi.
Baba Ijesha, in his notice of appeal marked CA/LAG/CR/544/23, asked the appellate court to overturn the judgment of the lower court.
His counsel Mr Kayode Olabiran, argued that the prosecution could not prove that Baba Ijesha sexually assaulted the victim.
Olabiran said, “The charge itself is centred on the defilement of a minor but the prosecution couldn’t prove the age of the victim.
“The appellant was set up. The appellant is an actor. He acted in a script that he was invited to act by his colleague (PW1), Damilola Adekoya.
“Damilola Adekoya asked the appellant to come and act a script. It is in the statement of PW1 at Panti Police Station, unknowingly to the appellant there was a CCTV in the sitting room.
“Whatever we watched in that movie was a script by the producer and the video of the scene of the acting was tendered by the prosecution.
“Based on his confessional statement as at the day of the arrest, he was under duress and there were so many people who were beating him that was when he confessed to the offence.”
Olabiran urged the court to allow the appeal and set aside the judgment of the lower court, which was delivered on July 14, 2022.
In his response, the DPP, Dr Babajide Martins, urged the court to dismiss the appeal as it was lacking in merit and also a misconception.
Martins also urged the court to affirm the judgment of the lower court delivered on July 14, 2022, which convicted Baba Ijesha of indecent treatment of a child and sexual assault.
On the age of the victim, Martin submitted that the victim said she was born on October 6, 2006, which puts her age at 14, in 2013 when the offence was committed.
“At the time she gave evidence in 2021, she was 17 years old, which still makes her a child,” he said.
