The Lagos Division of the Court of Appeal on Tuesday reserved judgment in the appeal filed by a Nollywood actor, Olanrewaju James, popularly known as Baba Ijesha, over the sexual assault of a minor.

The appellant is challenging his conviction by the Lagos State High Court over the sexual assault of a minor.

Baba Ijesha, in his notice of appeal marked CA/LAG/CR/544/23, asked the appellate court to set aside the lower court’s judgment.

Retired Justice Oluwatoyin Taiwo of the Ikeja Domestic Violence and Sexual Offences Court had, on July 14, 2022, sentenced him to five years imprisonment over the sexual assault of a minor.

The judge convicted and sentenced him after he was found guilty of four out of six counts in suit number ID/14623C/2021, which the Lagos State government preferred against him.

The state had, through its Director of Public Prosecutions, Babajide Martins, filed six counts bordering on indecent treatment of a child, sexual assault and sexual assault by penetration against the convict.

The court found Baba Ijesha guilty of indecent treatment of a child and sexual assault of a minor between 2013 and 2014, which contravened section 135 of Lagos State Criminal Law, 2015.

He was exonerated of sexual assault by penetration.

Dissatisfied with the judgment, Baba Ijesha, through his counsel, Kayode Olabiran, approached the appeal court, praying to declare that his conviction and sentence were done in error.

At Tuesday’s hearing of the appeal, Baba Ijesha’s counsel, Mr Olabiran, told the court that the appeal was filed on June 1, 2023.

He argued that the prosecution could not prove that Baba Ijesha sexually assaulted the victim.

Mr Olabiran said: “The charge itself is centred on defilement of a minor, but the prosecution could not prove the age of the victim.

“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.

“PW1 asked the appellant to come and act a script. It is in the statement of PW1 at Panti Police Station that, unknowingly, the appellant was told that there was CCTV in the sitting room.

“Whatever we watched in that movie was a script by the producer and the video of the scene of the acting was tendered by the prosecution.”

The counsel told the court that the convict’s confessional statement on the day he was arrested was made under duress.

He added that the convict was beaten by many people on that day, which made him confess to committing the offence.

Mr Olabiran, however, urged the court to allow the appeal and set aside the lower court’s judgment, delivered on July 14, 2022.

In his response, the DPP, Mr Martins, urged the court to dismiss the appeal because it lacked merit and was a misconception.

Mr Martins also urged the court to affirm the judgment of the lower court, which convicted Baba Ijesha of indecent treatment of a child and sexual assault.

The three-man panel of the appellate court, led by Justice Folasade Ojo, reserved judgment after listening to the parties’ arguments.

Other members of the panel were Justice Abdullahi Bayero and Paul Bassi. 

(NAN)