The Nation Newspaper Sexual Assault: Appeal Court affirms five-year conviction of Baba Ijesha
, which sentenced Nollywood actor, Olanrewaju James, popularly called Baba Ijesha, to five years imprisonment for sexually assaulting a 14-year-old minor.
In her judgment, the trial judge, Justice Oluwatoyin Taiwo of the Ikeja Domestic Violence and Sexual Offences Court, had on July 14, 2022 sentenced Baba Ijesha to five years imprisonment over sexual assault of a minor. 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.
Justice Ojo, however held that on the event that occurred on April 19, 2021, the evidence of PW1 was an eyewitness account, adding that an eyewitness account remains credible and one of the most effective ways to established 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 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.
“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.
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