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Appeal Court affirms five-year conviction of Baba Ijesha for sexual assault

Published

8 months ago

June 28, 2024

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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Book launch: Abacha’s daughter, Gumsu derides Babangida

Published

4 seconds ago

February 22, 2025

Kayode Sanni-Arewa

By Kayode Sanni-Arewa

Gumsu Abacha, daughter of the late military head of state Sani Abacha, shared a cryptic message on 𝕏 (formerly Twitter), which appeared to respond to claims made by former military president Ibrahim Babangida about her father’s involvement in the annulment of the June 12, 1993, presidential election.

On Friday, Gumsu posted a single word: “Weakling.”
Her message came amid discussions surrounding Babangida’s autobiography, A Journey in Service, which was launched in Abuja on Thursday. In the book, Babangida addressed the controversial annulment of the June 12, 1993, presidential election, which was won by the late MKO Abiola of the Social Democratic Party (SDP).

Former military president, General Ibrahim Babangida (retd.), has denied allegations linking him to the death of veteran journalist Dele Giwa. Giwa, who was the Editor-in-Chief of ‘Newswatch’ and a known critic of Babangida’s military government, was assassinated by a parcel bomb in his Lagos home on October 19, 1986. Two days before the incident, a … Continue reading

The former military leader explained that he was in Katsina when the press secretary of his second-in-command announced the cancellation of the election without his consent. He claimed he was unaware of the decision at the time.

Babangida further stated that he later realized that those who opposed the election were led by Abacha, his then chief of defence staff, who later became head of state.

Some critics have accused Babangida of shifting the blame to Abacha while portraying himself in a better light. They believe he is trying to alter the historical narrative to absolve himself of responsibility.

Gumsu’s post, along with her reposting of similar views, suggests she sees Babangida’s claims as an attempt to rewrite history. With Abacha no longer alive to defend himself, she appears to believe he is being unfairly blamed.

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FG terminates Visa-on-Arrival policy, says Nigeria not a haven for criminals

Published

8 hours ago

February 22, 2025

Kayode Sanni-Arewa

The Federal Government has ended the Visa-on-Arrival policy, saying that Nigeria is not a destination for criminals

The Minister of Interior Dr Olubunmi Tunji-Ojo who made the announcement, said the policy was not effective.

He disclosed that government had noticed a pattern where people avoid travelling into the country directly by air, only to land at neighbouring countries and complete their journeys through land borders.

He described the scenario as unacceptable, saying the Federal Government would unveil a multi-faceted solution by March or April to take care of grey areas on entry into and exit out of the country.

Tunji-Ojo said in place of Visa-on-Arrival, landing and exit cards will be introduced and integrated into the solutions for travelers to complete before arriving in Nigeria.

The Visa-on-Arrival policy was introduced in 2020 as a short-stay visa issued at entry points, but the Minister said the policy failed to meet global standards and best practices as it was not done anywhere in the world.

Tunji-Ojo spoke at the headquarters of the Nigeria Immigration Service, (NIS) on Friday during the closing ceremony of the five-day training and capacity building programmes on Advanced Passenger Information-Passenger Name Record, API/PNR System for NIS officers.

The capacity building for 100 Officers was organised by the Nigeria Immigration Service under the leadership of the Comptroller-General of the Service, Mrs Kemi Nanna Nandap.

Tunji-Ojo said:” The Visa-on-Arrival issue is one of the core policy issues because I always tell people the visa is not just an approval of entry, it is a migration management device.

“It is a security device to manage migration into your country. So the way it is at the moment is very subjective. We are not really too objective and that is why we are automating the whole process end-to-end.

“And the e-visa solution, we are working hard to be able to meet the first of March or peradventure if we are unable, the first of April, we will hit it live.

“We will automate the system. People apply online and we will do what we need to do. That solution will be integrated with the Interpol system, the criminal records system, so that we can be able to take decisions.

“We do not want foreign attachés approving and issuing visas. It is not going to be that any more, we want to be able to screen people. This country cannot be a destination for wanted criminals in the world. Nigeria is not a safe haven for any criminal and it will never be.”

The Minister who said about 60 of the border solutions are being completed in Nigeria various borders, land maritime and air, insisted that the security of the country and her citizens remained sacrosanct under the present administration.

He said: ”Today, we have had, we have sorted the API across all of our five international airports and we are looking at working with you more on the issue of adapting some of these into our land borders because it is also very key.

“Because we realised the pattern, of recent, I think, over the last couple of weeks, that a lot of people would rather fly to neighbouring countries and come into Nigeria through the land borders to evade the API PNR system. So we have seen that pattern.”

Tunji-Ojo assured that when all the e-solutions are deployed it would be linked not only with all security agencies at home but also globally, and especially with interpol so that persons of interests can be arrested at anywhere.

Nandap commended President Bola Tinubu and the Minister for their commitment to the ongoing reforms in the NIS, saying that the reforms have changed the narratives for the better.

News

Suspended Ogun monarch meet bail conditions after two weeks in jail

Published

8 hours ago

February 22, 2025

Kayode Sanni-Arewa

Oba Abdulsemiu Ogunjobi, the suspended Olorile of Orile-Ifo in Ogun State, has been freed from prison in Ilaro, two weeks after being charged with the alleged public assault of a septuagenarian.

He was brought before a Magistrate’s Court in Ifo by law enforcement, where he was granted bail but subsequently held at the Nigeria Correctional Service in Ilaro, within the Yewa South Local Government Area, until he fulfilled the requirements of his bail.

The spokesperson of Nigeria Correctional Service (NCoS), Mr. Odukoya Owolola Olayinka, a Superintendent of NCoS, told The Nation that Oba Ogunjobi had gone home about three days ago after meeting his bail terms.

“He (Oba Ogunjobi) has gone home about three days ago,” Olayinka said.

Oba Ogunjobi was arraigned on a three-count charge of conspiracy, assault, and conduct likely to lead to a breach of peace.

Force spokesman, Assistant Commissioner of Police (ACP), Muyiwa Adejobi, disclosed the arraignment in his social media post, stating that the monarch was charged to court.

“The Kabiyesi Abdulsemiu Ogunjobi, who assaulted one elderly man in a viral video, in Ifo Ogun State, has been charged to court February 4, 2025, on three-count charges of conspiracy, assault and conduct likely to lead to a breach of peace.

“He was granted bail while the case was adjourned to 06/03/2025. The police will continue to uphold the rule of law and the core values of the noble profession,” Adejobi stated.

Oba Ogunjobi who was arraigned before Magistrate F.A Iroko, pleaded not guilty to all the charges against him.

The Magistrate granted him bail of N5m, with two sureties in like sum, and he must be a resident within the court jurisdiction.