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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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Tinubu declines assent to bill seeking to extend National Assembly staff retirement age
By Francesca Hangeior.
President Bola Ahmed Tinubu has withheld his assent to a bill that proposed extending the retirement age for legislative officers and staff of the National Assembly.
The bill aimed to increase the retirement age from 60 to 65 years or extend the length of service from 35 to 40 years, whichever came first.
Titled “A Bill for an Act to Make Provisions for the Retirement Age for Staff of the National Assembly and Related Matters,” the bill passed its second reading in October 2023.
Despite multiple attempts in the 7th, 8th, and 9th Assemblies, the bill had previously failed to pass.
Reintroduced in the 10th Assembly and sponsored by Deputy Minority Leader Hon. Aliyu Sani Madaki (NNPP, Kano), the bill was finally passed by the House on December 20, 2023, but did not receive presidential approval.
Although the Senate initially rejected the bill, it backtracked and passed the bill on the 31st of March 2024 and was transmitted to the President for his assent.
Some of those who opposed the Bill believe that it will lead to stagnation through the rank, while those who supported the bill argued that it will promote efficiency and ensure that experience prevails
However, Tinubu in a letter, read by Senate President Godswill Akpabio during plenary, said he has decided to withhold his assent to the Bill.
He said his decision was informed by the consent which empowered him to take such an action.
The letter reads in part: “I write in respect of the harmonised retirement age for legislative officers of the National Assembly of the Federal Republic of Nigeria Bill passed by the National Assembly and forwarded to me for assent.
“Upon thorough examination and careful consultation, I have decided to withhold my assent to the bill.
“This decision is made in accordance with the powers vested in me by the Constitution of the Federal Republic of Nigeria.
“I wish to express my sincere appreciation of the diligent work of the Senate as regards the drafting and passage of this bill.
“However, I trust that this decision would be received with understanding and acceptance.”
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Nigerians struggling to survive due to harsh realities of inflation – Akpabio
By Francesca Hangeior.
The Senate President, Godswill Akpabio, has said that the citizens are struggling to survive as a result of the courageous economic reforms of President Bola Tinubu.
In a welcome address to fellow Senators on Tuesday, marking their return from the annual recess, Akpabio noted that the National Assembly is fully aware of the economic struggles citizens face, including inflation, high living costs, and market volatility.
He expressed sympathy for Nigerians enduring these challenges but maintained that the current economic situation is not the fault of the Tinubu administration.
He, thereafter, sympathized with Nigerians for the harsh economic situation but claimed that the situation was not caused by the Tinubu-led administration.
He said, “In the face of rising economic pressures, our fellow citizens have been grappling with the harsh realities of inflation, soaring living costs, unpredictable markets and economic indices.
“The challenges have tested the very fabric of our society, and we stand together to express our deepest empathy for every Nigerian who may be buried in the brunt of the current reforms as a result of the need to reposition the economy for most of our country and take us out of the doldrums and the messy situation we met when we assumed office in 2023. We want Nigerians to know that their struggles are not lost on this side.”
He assured that the upper chamber would respond to the economic challenges of the country.
Akpabio said, “Our security duty, as your earnest representatives, remains to respond with the audacity and compassion that the current situation deserves.”
He, however, commended the president for the courageous reforms being carried out on the Nation’s economy which according to him, have started yielding fruits.
He stated, “Amidst these trials, we have also seen commendable strides in various sectors from the executive arm of government led by President Bola Tinubu. Our agricultural initiatives are beginning to bear fruits. The strides made in infrastructure can be seen by all, even starting from the federal capital territory.
“These glimmers of hope pave the way for a brighter future. The hard-won gains will not overshadow the pressing issues that still loom large before us.”
On insecurity, the Senate President assured that lawmakers will prioritise the security of people’s lives and properties.
He stated, “We must, as senators, prioritize the issues of security of our great nation, ensuring that every citizen can walk down any street in this country without fear.
“In the sense of such, insecurity in some parts of the country remains a source of concern for the Nigerian Senate. It is also a clear calling for us to double our efforts in crafting laws and taking decisive actions in the National Assembly to safeguard our communities. There cannot be development in the face of insecurity.”
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