By Lukman Olabiyi
Embattled Nollywood actor, Olanrewaju Omiyinka James, also known as Baba Ijesha, has been convicted and sentenced to 16 years imprisonment over the sexual assault and defilement allegations levelled against him.
The convict, was sentenced yesterday by Justice Oluwatoyin Taiwo of the Special and Sexual Offences Court of the Lagos State High Court, Ikeja.
Baba Ijesha was accused of sexually molesting an adopted daughter of another colleague, Damilola Adekoya, also known as Princess.
He was charged with indecent treatment of a child, defilement of a child, sexual assault by penetration, attempted sexual assault by penetration and sexual assault – which contravenes Sections 135, 137, 261, 202, 262 and 263 of the Lagos State Criminal Law 2015.
He, however, denied all the allegations, but a video detailing his relationship with the girl, said to be a minor, was played in court to confirm his involvement in the crime by the prosecution.
Delivering the judgement, the trial judge, Justice Taiwo, found the defendant guilty of four offences out of the six counts he stood trail for, bordering on allegations of indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.
Baba Ijesha was pronounced guilty of counts two, three, four and five, but the court absolved him of counts one and six due to the prosecution’s failure to prove the allegations. He was found guilty of indecent treatment of a child and sexual assault, which is contrary to Section 135 of Lagos State Criminal Law 2015.
The court found him guilty and convicted him on: indecent treatment of child and sexual assault of a minor between 2013 and 2014. The court held that the prosecution successfully proved counts two and three that he indecently placed the survivor on his laps and rubbed his penis on her body.
He was also found guilty of counts four and five, where he was accused of, again, indecently touching the same minor and sexually assaulting her seven years later, by rubbing her body and sucking her fingers.
The court held that the defendant confessed that he molested the girl in 2021.
“The court can convict a person based on his confessions. The defendant was consistent in his admission in the two videos. The pain of the first prosecution witness (Damilola Adekoya Princess) was real.
“The girl was scared and we could see the fears in her eyes, while she was giving her evidence before the court. She was compelled to make her evidence.
“The argument of the defence that the prosecution failed to state the exact age of the survivor can not stand as the law states that anyone, under the age of 18 years, is regarded as a child.
“The defendant may not have the thought of having sex with the survivor on that day, but he aroused her by sucking her fingers and rubbing her body. He did not take off his clothes while arousing her.
“I, hereby, found the defendant guilty of counts two to five and he is discharged of counts one and six. The defendant is, hereby, sentenced to five years imprisonment for count two, three years for count three, five years for count four, and three years for count five. The sentences are to run concurrently starting from the day he was convicted.
The court held that the review of medical expert, the testimony of the two witnesses, forensic analyst and child expert, Mrs Olabisi Ajayi-Kayode, and a medical doctor, Dr. Aniekan Makanjuola, that there was blunt penetration of the virginal, but they could not ascertain the time.
During the trial, the prosecution called six witnesses, including the survivor, the mother of the victim (Princess), investigation officers and medical experts. For defence, four witnesses testified for the defendant in the case.
After he was found guilty, defendant counsel, Mr. Kayode Olabiran, prayed the judge to temper justice with mercy. He said that the defendant was a first time offender, who had passed through the trauma of incarceration, both at Kirikiri Correctional facility and Panti, when he was arrested and remanded.
The judge, while sentencing the convict, said, “this case brings to the limelight of cases in the society, despite the effort of government and the non governmental organisations to sensitise the public on the consequences of rape and domestic violence.
“This is very sad. The behaviour of the defendant is appalling, the case shows the lengths people can go in exhibiting the animalistic urge in them, in abusing the position of friendship. The defendant took his acting too far. Children are frequently preyed on because of their inability to defend themselves,” the judge said.