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Appeal Court affirms five-year conviction of Baba Ijesha for sexual assault
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By Kayode Sanni-Arewa
The Court of Appeal in Lagos on Friday affirmed the judgement of a Lagos State High Court, which sentenced Nollywood actor, Olanrewaju James, popularly called Baba Ijesha to five years imprisonment for sexually assaulting a 14-year-old minor.
The appellate court in its lead judgement delivered by Justice Folashade Ojo found the Appellant, Baba Ijesha, guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulting her.
Other members of the panel, Justice Abdullahi Bayero and Justice Paul Bassi aligned themselves with the lead judgement.
The Lagos State Government arraigned Baba Ijesha on a six-count charge bordering on the indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
In her judgement, the trial judge, Justice Oluwatoyin Taiwo (rtd) of the Lagos State Domestic Violence and Sexual Offences Court, on July 14, 2022, sentenced Baba Ijesha to five years imprisonment over the sexual assault of the minor.
The court found Baba Ijesha guilty of indecent treatment of a child and sexual assault, of a minor between 2013 and 2014, which is contrary to Section 135 of Lagos State Criminal Law 2015.
Justice Taiwo exonerated him of the offence of sexual assault by penetration which deals with allegedly sexually assaulting the minor by penetration with his car key seven years ago and attempted sexual assault by penetration during another encounter with the minor on April 22, 2021.
The judge held that the prosecution successfully proved counts two and three that he indecently placed the survivor on his lap and rubbed his penis on her body.
Dissatisfied, Baba Ijesha through his counsel Mr. Kayode Olabiran, approached the appeal court praying it to allow the appeal and set aside his conviction and sentence.
The Appellant argued that the prosecution failed to prove that he (Baba Ijesha) sexually assaulted the victim, contending that the appellant merely acted a script that he was invited to act.
He argued “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.”
Delivering judgment on the appeal, Justice Folashade Ojo set aside the appellant’s conviction on indecent treatment of a child and sexual assault of a minor which allegedly occurred between 2013 and 2014 describing the testimony of PW1 (Damilola Adekoya) as hearsay.
Justice Ojo, however, held that on the event that occurred on April 19, 2021, the evidence of PW1 (Damilola Adekoya) was an eyewitness account adding that this account remains credible and one of the most effective ways to establish commission of an offence.
Besides, the court held that the Appellant voluntarily confessed to the crime of the event of April 19, 2021, and did not challenge the statement of (PW1), Damilola Adekoya throughout the proceedings.
Justice Ojo noted that the appellant made the extra-judicial statement at Sabo Police station, Lagos State on the 19th of April 2021, and another statement at the State Criminal Investigation Department, Panti on the 28th of April 2021, which were tendered in evidence.
The court held that in the two statements, the appellant admitted that he indecently touched and indeed molested PW2 while she was alone with him in PW1’s (Damilola Adekoya) apartment.
Justice Ojo held “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 of 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 shows 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 commit 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 sexual 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 discharged the burden of proving its 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 events of April 19, 2021. In all, I hold that this appeal succeeds in part and it is accordingly allowed in part.”
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’s 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.”
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2027: Tinubu’s details incompletes as primary, secondary qualifications missing from INEC EC9 documents
President Bola Tinubu failed to include primary and secondary school qualifications in the educational qualifications section of the personal particulars submitted to the Independent National Electoral Commission, INEC, for the 2027 presidential election.
The documents, published by INEC on Saturday in line with its revised timetable for the 2027 general election, contain the nomination papers and supporting credentials of presidential and vice-presidential candidates.
A review of Tinubu’s EC9 nomination form shows that the President listed only a Bachelor of Science (B.Sc.) degree in Business Administration obtained from Chicago State University in 1979 under the educational qualifications section.
The sections provided for his primary and secondary school qualifications were left blank.
However, Tinubu attached copies of his university degree certificate and National Youth Service Corps, NYSC, certificate to his nomination papers.
In the form, the President stated that he was born on March 29, 1952, in Lagos and described his occupation as “Politician.”
He also declared that he worked at Mobil Nigeria Limited between 1983 and 1992 before serving as Governor of Lagos State from 1999 to 2007.
He listed his current employer as the Federal Government of Nigeria from 2023 to date and stated that he had never been dismissed from public service.
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“Greatest Threat Is Misinformation, Not Technical Glitch” – INEC Chairman Tasks Media On Osun Poll Coverage
The Chairman of the Independent National Electoral Commission, INEC, Prof. Joash Amupitan, SAN, has described misinformation and disinformation as the greatest threat to the August 15 Osun State Governorship Election, urging the media to prioritize verified and ethical reportage.
He made the call on Saturday in Osogbo during an interactive session with media executives, describing journalists as the “Fourth Estate of the Realm” and critical stakeholders in the democratic process.
“However, your role as the Fourth Estate is critical to the survival of the process. In this final day window, the greatest threat we face is not technical failure, but the pathology of misinformation and disinformation,” the INEC Chairman said.
“Fake news, manufactured election-day panics, and the unauthorized declaration of parallel results are direct assaults on our public peace and democratic stability.”
He said the Commission has accredited field reporters through its dedicated portal “because we want you to see everything,” and in return demanded “a commitment to verified, ethical, and dispassionate reporting.”
“Verify your facts before you broadcast. When a glitch occurs in a single polling unit, do not report it as a systemic failure across the entire state,” Prof. Amupitan charged.
“Use your channels to educate voters: remind them that No PVC means No Voting, and that vote-buying remains a criminal offense that our partners at the EFCC and ICPC have been mandated to curb.”
Giving an update on readiness, the Chairman said the just-concluded mock accreditation proved the resilience of the BVAS.
“The Bimodal Voter Accreditation System (BVAS) demonstrated optimal field resilience. On average, it took between 30 seconds to 2 minutes to successfully verify a voter using either their fingerprints or facial recognition,” he stated.
“As a result, we have increased the total number of BVAS for the election from 4,427 to 5,130 so as to service split polling units in large PUs in Ife East, Irewole, Egbedore, Ede North, Osogbo. In the process, we increased the number of back-ups from 664 to 1,328 for quick intervention in case of any malfunction.”
Prof. Amupitan also addressed insecurity, saying INEC has moved “from reactive monitoring to proactive prevention” through ICCES. He listed hotspot LGAs to include Atakumosa East and West, Boripe, Ede North and South, Ife Central, Ifedayo, Ila, Osogbo, Ifelodun, and Oriade.
On inclusivity, he reaffirmed the Commission’s commitment to vulnerable voters.
“Democracy is incomplete if it excludes vulnerable populations. The Commission has integrated practical assistive devices across polling locations based on our disability mapping in Osun State. We have provisions for braille ballot guides for visually impaired voters; magnifying glasses for voters with albinism and low vision; EC40H poster manifests for hearing-impaired citizens and Priority Voting Queues for Persons with Disabilities (PWDs), pregnant women, nursing mothers, and the elderly,” he said.
The Chairman said 32,000 NYSC members have been engaged as ad-hoc staff via the INECPRES portal and that training for Supervisory Presiding Officers has been concluded.
“We do not care who wins the election; we only care how they win. Our sole job is to ensure that the process is clean, that every valid vote counts, and that the declaration reflects nothing but the true sovereign will of the Osun electorate,” Prof. Amupitan concluded.
The session had in attendance National Commissioners, the Osun REC Barrister Oluwatoyin Babalola, NUJ and BON leadership, Bureau Chiefs, Editors and other senior media executives.
A group, aegis of Coalition of Concerned Nigeria Citizens (CCNC), has called on the Independent National Electoral Commission (INEC) to immediately explain the alleged widespread failure of the Bimodal Voter Accreditation System (BVAS) during Saturday’s mock accreditation exercise conducted ahead of the August 15 Osun State governorship election.
The group alleged that the mock accreditation, designed to test the commission’s readiness for the election, experienced significant technical challenges after commencing in selected polling units across the state, raising concerns about INEC’s preparedness for the governorship poll.
In a statement signed by its spokesperson, Comrade Raufu Sodiq, popularly known as “Oluomo Success,” the coalition claimed that although the exercise was scheduled to begin at 8:30 a.m., it started behind schedule in some polling units. It further alleged that less than 40 minutes after the exercise commenced, many BVAS machines stopped recognising fingerprints, facial features and Permanent Voter Cards (PVCs), preventing the successful accreditation of voters in the affected locations.
Describing the development as disturbing, the group said a mock accreditation exercise should ordinarily boost public confidence in the electoral process, adding that the reported malfunction of the accreditation devices during the test exercise had instead raised questions about the commission’s level of preparedness.
The coalition argued that accreditation remains the foundation of every credible election because it determines voter eligibility and protects the integrity of the electoral process. According to the group, any failure at that stage could undermine public confidence in the outcome of the election if not urgently addressed.
CCNC also queried why such challenges allegedly occurred despite what it described as years of preparation and substantial public investment in electoral technology. It called on the Osun Resident Electoral Commissioner and the national leadership of INEC to provide a comprehensive explanation on the cause of the reported BVAS malfunction and disclose measures being taken to prevent a recurrence during the August 15 governorship election.
Among its demands, the coalition asked INEC to clarify whether the reported glitches resulted from software, hardware or configuration problems, explain its contingency plans for the 3,763 polling units across Osun State, replace any faulty BVAS machines and consider conducting another mock accreditation exercise before the election to restore public confidence.
“We believe in strong democratic institutions and do not want to see INEC fail. However, public confidence must be built on competence, transparency and accountability. The people of Osun deserve an election where every eligible voter can cast their vote without avoidable technological failures,” the statement read.
The group further urged the Chairman of INEC to personally address Nigerians before the governorship election by explaining the outcome of the mock accreditation exercise, outlining corrective measures and assuring voters that all identified technical challenges would be resolved before Election Day.
INEC had organised the mock accreditation exercise to assess the functionality of the BVAS and other electoral processes ahead of the governorship election scheduled for August 15 across the state’s 3,763 polling units.
2027: Tinubu’s details incompletes as primary, secondary qualifications missing from INEC EC9 documents
“Greatest Threat Is Misinformation, Not Technical Glitch” – INEC Chairman Tasks Media On Osun Poll Coverage
Coalition want explanation over alleged BVAS failure in Osun mock accreditation exercise
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