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Appeal Court affirms five-year conviction of Baba Ijesha for sexual assault
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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TALL Forcast: 2025 Budget will bring down inflation to 15%, dollar to N1,500-Tinubu
President Bola Tinubu has said that the 2025 budget forecasts that inflation will decline from current 34.6% to 15% next year.
He said this during his presentation of the N47.9 trillion 2025 budget proposal to a joint session of the National Assembly on Wednesday.
The President also said that the exchange rate will improve from approximately N1,700 per dollar to N1,500.
According to Tinubu, “this is an ambitious but necessary budget to secure our future.”
“The Budget projects inflation will decline from the current rate of 34.6 per cent to 15 per cent next year, while the exchange rate will improve from approximately 1,700 naira per US dollar to 1,500 naira, and a base crude oil production assumption of 2.06 million barrels per day,”Tinubu said.
He said the budget projections are based upon observations such as reduction of petroleum products importation, increased export of finished petroleum products, bumper harvest driven by enhanced security, reducing reliance on food imports, among others.
Tinubu listed highlights of the budget to include defence and security – N4.91tn, infrastructure – N4.06tn, health – N2.4tn, education – N3.5tn, among others.
Nigerians are grappling with economic hardship following incessant increase in inflation and volatile exchange rate that has seen dollar exchange as high as N1,700 in recent days.
On Monday, the National Bureau of Statistics (NBS) said Nigeria’s headline inflation rate rose to 34.60% in November 2024 from 33.88% in October 2024.
The November inflation rate showed an increase of 0.72% points compared to the October 2024 inflation rate, according to NBS’s latest Consumer Price Index (CPI) report which measures the rate of change in prices of goods and services.
“On a year-on-year basis, the Headline inflation rate was 6.40% points higher than the rate recorded in November 2023 (28.20%). This shows that the Headline inflation rate (year-on-year basis) increased in November 2024 compared to the same month in the preceding year (i.e., November 2023),” the Bureau said.
Significantly, food inflation rate in November 2024 was 39.93% on a year-on-year basis, 7.08% points higher than the rate recorded in November 2023 (32.84%).
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Finally, PDP Flushes Out Suspended National Vice Chairman, Ali Odefa
The Peoples Democratic Party (PDP) Oguduokwor Ward in Onicha Local Government Area of Ebonyi State has formally announced the expulsion of the suspended National Vice Chairman (NVC) of the party in the Southeast, Mr. Ali Odefa from the party.
Ali Odefa was suspended from the party on September 11, 2024 by the Ward Executives of the party for his engagement in various anti party activities. The Federal High Court sitting in Abakaliki while ruling on suit NO: FHC/AI/CS/182/2024 further affirmed the suspension on November 29, 2024.
Announcing the expulsion of Mr. Odefa at a well- attended press conference on Wednesday, the Acting Chairman of the PDP Oguduokwor, Hon. Onyedikachi Herbert Ovuta flanked by other Ward Executives stated that the expulsion of the erstwhile NVC follows the recommendation of the Party’s disciplinary committee that affirmed the allegations of anti-party activities leveled.
According to the party chairman, “The expulsion of Chief Ali Odefa follows the report, findings and recommendations of the Ward Disciplinary Committee of the party which is in line with the provisions of the party constitution.”
The party announced that Mr. Ali Odefa by the virtue of his suspension, therefore “ceases to be a member of the party.”
The party’s statement reads in part:
“The Peoples Democratic Party (PDP), Oguduokowor Ward, Onicha Local Government Area of Ebonyi State hereby announce the expulsion of Chief Ali Odefa, the suspended National Vice Chairman of the PDP, South East Zone from the party which takes immediate effect.
“The expulsion of Chief Ali Odefa follows the report, findings and recommendations of the Ward Disciplinary Committee of the party which is in line with the provisions of the party constitution.
“Recall that Chief Ali Odefa was suspended from the party by the Ward leadership on 11th September 2024.
“Consequent upon the judgement of the Federal High Court Abakaliki in suit number FHC/AI/CS/182/2024 which affirmed the suspension of Chief Ali Odefa, the Disciplinary Committee of PDP Oguduokwor Ward after their sittings on the above subject matter unanimously recommended that Chief Ali Odefa the Suspended PDP National Vice Chairman South East Zone be expelled from the party.
“The Executive Committee of PDP Oguduokwor Ward on 11th December 2024 after receiving the report, findings and recommendations of the Disciplinary Committee of PDP Oguduokwor Ward unanimously approved the expulsion of Chief Ali Odefa from the party which is compliance to section 58(1) and section 59(1) of the PDP constitution.
“Henceforth Chief Ali Odefa, seizes to be a member of our party the Peoples Democratic Party (PDP)
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