By Bolarinwa Kabir
The Lagos Division of the Court of Appeal on Thursday upheld a previous ruling by a Lagos State High Court affirming a five-year prison sentence for Nollywood actor Olanrewaju James who is also known as Baba Ijesha for sexual assault of a minor aged 14.
Justice Folashade Ojo who delivered the judgment in the Court of Appeal upheld the conviction of Baba Ijesha on two counts, specifically indecent touching and sexual assault of a 14-year-old minor.
Justices Abdullahi Bayero and Paul Bassi concurred with the lead judgment, aligning themselves with Justice Folashade Ojo’s decision.
Justice Folashade Ojo delivered a judgment setting aside Baba Ijesha’s conviction for indecent treatment and sexual assault, citing that the testimony of the prosecution’s witness (PW1), Damilola Adekoya, was hearsay, and therefore, unreliable.
Nevertheless, Justice Ojo ruled that the testimony of Adekoya was a credible eyewitness account of the events which took place on April 19, 2021 and that eyewitness testimony is a reliable and effective way to prove the commission of a crime.
Furthermore, the court stated that the appellant had voluntarily confessed to the crime committed on April 19, 2021 and failed to dispute or challenge Adekoya’s statement throughout the entire proceedings.
Justice Ojo observed that the appellant made two confessional statements, one at the Sabo Police Station in Lagos State on April 19, 2021, and another at the State Criminal Investigation Department, Panti on April 28, 2021, both of which were admitted as evidence in court.