Justice Oluwatoyin Taiwo of the Ikeja Domestic Violence and Sexual Offences Court today sentenced a Nollywood actor, Olanrewaju Omiyinka, alias Baba Ijesha, to cumulative 16-years imprisonment.
Justice Taiwo in a two-hour judgement convicted Baba Ijesha of indecent treatment of a child, sexual assault and attempted sexual assault of a 14-years-old girl.
Baba Ijesha will however spend five (5) years in jail as the sentences will run concurrently.
The judge held that the prosecution had successfully proven the charge of sexual assault of a minor and indecent treatment of a minor against the convict in person of Baba Ijesha.
The offences which contravenes Section 135, 137, 261, 202, 262 and 263 of the Lagos State Criminal Law 2015, stipulates life imprisonment for offenders.
Taiwo, however, discharged and acquitted him of count one and count six, which were: sexual assault by penetration and attempted sexual assault by penetration,saying the prosecutor failed to prove beyond reasonable doubt that the defendant is guilty of all the charges against him.
Stating further, Justice Taiwo held that the medical report was inconclusive as the medical examiner could not show if the lacerations that occurred was the one of seven years ago or a recent one.
“The question here is that penetration occurred seven years prior to the one that happened in 2021 but we do not know by whom or the time it occurred. The survivor never reported that particular incident to her mother at that time and therefore any injury on the vagina could have vanished seven years ago.
“The survivor herself told the court that she was easily distracted by boys and one uncle Damola assaulted her.” Taiwo stated.
The court judge held the confessional statement of the convict, Baba Ijesha that he romanced the survivor seven years after the first incident by licking her fingers and arousing her but denied inserting keys in her private part.
“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 (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 find the defendant guilty of count two to five and he is discharged of counts one and six.
“The defendant is here by 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 sentencing should run concurrently because of the allocutus and must take effect from today, July 14, ” the judge held.
Baba Ijesha was arraigned before Taiwo on June 24, 2019 on six counts of indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
According to the prosecution team, Baba Ijesha sexually assaulted the 14-year-old foster daughter of actress and comedienne, Ms Damilola Adekoya, Alias Princess, in her residence.
The prosecution presented six witnesses to testify against Baba Ijesha during the trial.
The witnesses are actress and comedienne, Princess, the 14-year-old minor, a child expert, Mrs Olabisi Ajayi-Kayode, and medical doctor, Dr Aniekan Makanjuola.
Others were the Investigating Police Officer, ASP Wahab Kareem and a policewoman, Insp. Abigail Omane.
The DPP closed its case against the defendant on Dec. 15, 2021 while Baba Ijesha called four witnesses and closed its defence on April 1,2022.
The defence witnesses were Baba Ijesha (defendant) and Mr Lawrence Ayeni, an expert in video production and CCTV installation and maintenance.
Mr Olukayode Olugbemi, a clinical psychologist and Mr Olukayode Ogunbanjo, the defendant’s friend and colleague also testified for the defence.
The offence, the prosecution said, contravened the provisions of sections 135, 259, 261, 262 and 263 of the Criminal Laws of Lagos State 2015 (Revised)