Appeal Court upholds Nollywood actor Baba Ijesha’s five-year jail term

• Published On: 28 June 2024 at 20:42

On Thursday, the Lagos Division of the Court of Appeal confirmed an earlier verdict by a Lagos State High Court, affirming Nollywood actor Olanrewaju James, commonly known as Baba Ijesha,'s five-year prison sentence for the sexual assault of a 14-year-old juvenile.

The Court of Appeal confirmed Baba Ijesha's conviction on two charges, namely indecent contact and sexual assault of a 14-year-old minor, in a decision delivered by Justice Folashade Ojo.

Justices Abdullahi Bayero and Paul Bassi agreed with the main judgment, siding with Justice Folashade Ojo's ruling.

Justice Folashade Ojo overturned Baba Ijesha's conviction for indecent treatment and sexual assault, stating that the testimony of the prosecution's witness (PW1), Damilola Adekoya, was hearsay and hence untrustworthy.

However, Justice Ojo determined that Adekoya's testimony was a credible eyewitness account of the events that occurred on April 19, 2021, and that eyewitness testimony is a trustworthy and effective method of proving the conduct of a crime.

Furthermore, the court noted that the appellant readily confessed to the offense perpetrated on April 19, 2021, and did not dispute or contradict Adekoya's confession during the entire proceedings.

Justice Ojo remarked that the appellant made two confessional statements, one at the Sabo Police Station in Lagos State on April 19, 2021, and the other at the State Criminal Investigation Department in Panti on April 28, 2021, both of which were submitted as evidence in court.


The court determined that in both statements, the appellant admitted to indecently touching and abusing the minor (PW2) when she was alone with him in Adekoya's (PW1) apartment.

According to Justice Ojo, "The law is certain that there is no other proof other than admission in the conduct of an offence.

"From the entirety of PW2's evidence, it can be reliably inferred that, as of the date of the victim's testimony, she was at most 15 years old and a child under Section 261 of the Lagos State Child's Rights Law, 2015.

The judge said, "I have carefully reviewed the record and am unable to concur with the appellant that he was simply acting a script. On April 19, 2021, PW2 and the appellant interacted in a personal encounter rather than a theatrical performance of make-believe.

"Moreover, PW2's (victim) body language, corroborated by her oral testimony and documentary evidence, plainly demonstrates that she attempted to distance herself from the appellant. The most reasonable conclusion to take from appellant's actions in examining the entire house shortly after PW1 left with her visitors and sexually assaulting PW2 is that he planned to commit the offense and did commit it.

"It is commonplace that factual conclusions of the trial court regarding the credibility of witnesses are treated with almost respect. Trial courts have the advantage of first-hand observation, which allows them to evaluate witnesses' demeanor and style of testifying during the trial.

The judge determined that the prosecution's evidence submitted to the trial court on the charges of indecent treatment of a child and sexual assault committed by Baba Ijesha on April 19, 2021, was strong and adequate to support the appellant's conviction.


"In conclusion, I have no hesitation in upholding the appellant's convictions for indecent treatment of a child and sexual assault.

"The appellant indecently touched PW2's body in a sexual manner, violating Section 135 of the Lagos State Criminal Law 2015. His actions constitute a sexual assault on PW 2.

"I believe that the respondent has met 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 grounds to challenge the trial court's findings on the events of April 19, 2021.

"In all, I hold that this appeal succeed in part and it accordingly allowed in part."

The court ordered the following: "The appellant's conviction and sentence to 5 years imprisonment for indecently touching a child in violation of Section 135 of the Criminal Laws of Lagos State 2011 (count 2 of the charge) is set aside."

"The appellant's conviction of three years in jail for sexual abuse of a minor in violation of section 261 of the Lagos State Criminal Laws 2011 (count three of the charge) is overturned.

"I affirm the appellant's conviction and sentence to 5 years imprisonment for the offense of indecent treatment of a child according to section 135 of the Criminal Laws of Lagos State 2015 (count 4 of the charge).


"The appellant's conviction and sentence of three years in jail for sexual assault in violation of Section 263 of the Criminal Laws of Lagos State 2011 (count 5 of the information) is also upheld.

"The sentences for counts 4 and 5 are to run concurrently."

The Lagos State Government charged Baba Ijesha with six counts, including indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.

On July 14, 2022, Justice Oluwatoyin Taiwo (rtd) of Ikeja Domestic Violence and Sexual Offences Court sentenced Baba Ijesha to five years in jail.