Recalling that Justice Oluwatoyin Taiwo (retd.) of the Ikeja Domestic Violence and Sexual Offences Court had on July 12, 2022, sentenced Baba Ijesha to five years in prison for sexually assaulting a minor.
Baba Ijesha, dissatisfied with the judgment, appealed through his counsel, Kayode Olabiran.
Justice Folashade Ojo, delivering the appeal judgment on Thursday, June 27, 2024, set aside the appellant’s conviction for indecent treatment of a child and sexual assault between 2013-2014, deeming the testimony of PW1 (Damilola Adekoya) as hearsay.
However, Justice Ojo found Adekoya’s eyewitness account of the April 19, 2021 incident credible, emphasizing that Baba Ijesha had confessed to the crime in police statements.
The appellate court affirmed Baba Ijesha’s imprisonment for indecent treatment of a child and sexual assault stemming from the April 2021 incident, confirming that the prosecution had sufficiently proven its case.
The court’s ruling included the following directives: “I uphold the conviction and sentence of the appellant to 5 years imprisonment for the offence of indecent treatment of a child contrary to section 135 of the Criminal Laws of Lagos State 2015 (count 4 of the charge).
“I also uphold the appellant’s conviction to 3 years imprisonment for sexual assault contrary to section 263 of the Criminal Laws of Lagos State 2011 (count 5 of the information).
“The sentences for counts 4 and 5 are to be served concurrently.”