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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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Indigenous People of Biafra (IPOB) leader Mazi Nnamdi Kanu has added four Senior Advocates of Nigeria (SANs) to his defence team.
The additions bring the number of SANs on the team to six.
In addition to Chief Kanu Agabi (SAN) and Uchenna Njoku (SAN), the new SANs are Prof Onyechi Ikpeazu, Emeka Etiaba, Mela Audu Nunghe and Dr. Joseph Akubo.
They will all be in court today as well as on May 2 and 6 as Kanu’s trial continues.
A member of Kanu’s legal team, Aloy Ejimakor, provided the update via his verified X handle @AloyEjimakor.
The Federal Government on March 21 re-arraigned Kanu before Justice James Omotosho on a fresh seven-count charge bordering on terrorism.
Kanu apologised for his February 10 verbal attack on Justice Binta Nyako, who recused herself from the case.
The IPOB leader said Justice Nyako “did not deserve the unjust attack.”
He tendered his apologies through Agabi, a former Attorney General of the Federation and Justice Minister.
The SAN attributed Kanu’s outburst to anger and urged everyone to forgive him.
“He has been angry for a long time and therefore he should not have spoken when he was angry,” Agabi said.
Borno State Governor, Babagana Zulum, has disclosed that the state has reintegrated no fewer than 300,000 repentant Boko Haram terrorists over the past three years.
Governor Zulum made the revelation while receiving the Minister of Defence, Badaru Abubakar; the Chief of Defence Staff, Gen. Christopher Musa; and other top military commanders during their visit to Maiduguri.
“Borno State has, within the last three years, received more than 300,000 repentant Boko Haram fighters — and not all of them are fighters. Some of them are farmers,” he said.
While acknowledging the efforts of the Nigerian military, the governor noted that several challenges continue to hamper the effective fight against terrorism and called for urgent interventions.
He stressed the importance of combining kinetic and non-kinetic approaches in the ongoing counterterrorism efforts.
“Manpower is very essential. While I’m aware of the constraints of the Nigerian Army — because right now, you are everywhere in Nigeria: the North-East, North-West, North Central, as well as southern Nigeria — I’m aware of your limitations,” he said.
“But still, considering the northeastern region, the Nigerian Army should look into the possibility of sending more trained manpower. There is a difference between Boko Haram, ISWAP, and bandits.”
Governor Zulum further warned of the growing external support for terrorist groups operating in the region.
“ISWAP and Boko Haram are terrorists getting support internationally, and looking at our porous borders, they remain infiltrated through the Sahel, which is our major problem.”
He emphasised the strategic importance of securing the Sahel to achieve lasting peace across Nigeria.
“If the Sahel is not secured, Nigeria will never be secured. So, there is a need for us to fortify the security situation in the Sahel with a view to ending the crisis in the entire nation.”
The governor also called for enhanced air capabilities to counter the evolving threats posed by terrorist groups.
“We need air support. I know the kind of constraints you face accessing fighter helicopters and others, but attack helicopters are very important in these areas, and drones are also very important.”
Highlighting recent developments, he said: “The last attack that happened in Wulgo, carried out by ISWAP and Boko Haram — a confirmed statement said it was carried out with the support of armed drones. They hit the MNJTF (Multinational Joint Task Force) with drones.
“This is the time for the Nigerian military to rise again and procure sophisticated drones and anti-drone equipment so that we get rid of these problems.”
Governor Zulum described the situation as a serious setback not only for Borno State but for the entire Northeast region.
Justice Iyang Ekwo of the Federal High Court in Abuja, has ordered Aisha Achimugu to appear before the Economic and Financial Crimes Commission (EFCC) on Tuesday (today) to answer questions regarding an ongoing investigation.
The judge also directed that she must appear before the court on Wednesday, April 30, 2025.
The gave the order in a ruling he delivered on Monday, April 28, 2025, in respect of a suit marked FHC/ABJ/CS/626/2025, filed by Achimugu against several law enforcement agencies, including the Nigeria Police Force, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) the Department of State Services (DSS), the EFCC, the Nigeria Security and Civil Defence Corps (NSCDC) and the Nigeria Immigration Service (NIS).
In its response to Achimugu’s application, lawyer to EFCC, Ekele Iheanacho (SAN), informed the court of a counter-affidavit deposed to by one of its investigators, Chris Odofin, outlining the circumstances leading to her invitation.
In the affidavit, Odofin disclosed that Achimugu is under investigation for alleged conspiracy, obtaining money by false pretence, money laundering, corruption and possession of property reasonably suspected to have been acquired through unlawful means.
Achimugu had initially honoured the Commission’s invitation on February 12, 2024, during which she made a written statement and was subsequently granted administrative bail through her lawyer and surety, Darlington N. Ozurumba.
But she allegedly failed to report back as agreed, choosing instead to file a fundamental rights enforcement suit against the Commission.
The affidavit further revealed that Achimugu, in her statement, explained the inflow of N8.71billion into her corporate bank accounts as an ” investment fund” for the acquisition of an oil block.
She claimed the funds were transferred to the Federal Government’s account through her company, Oceangate Engineering Oil and Gas Limited, referencing documentation from the Nigerian Upstream Petroleum Regulatory Commission, NUPRC.
Further investigation in the affidavit however, indicated that Achimugu’s company actually acquired two oil blocks, Shallow Water PPL 3007 and Deep Offshore PPL 302-DO at the cost of $25.3 million.
Investigations showed that the payments were allegedly made in cash via bureau de change operators and that the ultimate sources of the funds could not be traced to any legitimate business income or partnerships.
The Commission also alleged that the acquisition process was fraught with corruption. Despite the acquisition, neither of the two oil blocks had commenced exploration or production as of the time of investigation.
The EFCC stressed that Achimugu’s current suit is a calculated attempt to frustrate the ongoing investigation, despite a previous court decision in suit No. FHC/ABJ/CS/451/2024 dismissing her claim of fundamental rights violations.
Following the dismissal of the earlier suit, the EFCC continued its investigation by dispatching inquiry letters to various banks and the Corporate Affairs Commission (CAC), the Federal Inland Revenue Services (FIRS), Land Authorities, Special Control Unit against Money Laundering (SCUML), Central Bank of Nigeria (CBN) to gather more evidence. As more responses were received, the team analysed them while further responses are being awaited.
The affidavit also shows that Aisha Achimugu operates a total of 136 bank accounts across 10 different banks both in her personal and corporate names.
The case continues on Wednesday, April 30, 2025 with Achimugu expected to report to the EFCC on Tuesday as directed by the court.
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