Baba Ijesha to know fate in ‘defilement’ case July 14

A Lagos court has reserved judgment until July 14 in the case of Baba Ijesha, the embattled actor accused of defiling a 14-year-old minor.

Ijesha is facing a six-count charge of indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.

The charges were proffered against him by the Lagos state directorate of public prosecutions (DPP).

Baba Ijesha has, however, pleaded not guilty to all the counts.

NAN reports that on Monday, Oluwatoyin Taiwo, the judge presiding over the case, adjourned until July 14 for judgment.

This was after the prosecution and defence counsel had adopted their final written addresses.

Dada Awosika (SAN), the defence counsel, in adopting his final written address dated May 12 and filed on May 16, urged the court to dismiss the suit and discharge the defendant.

Awosika argued that the footage of the closed-circuit television (CCTV) was illegally obtained.

“In the interest of justice, exhibit A which was the CCTV footage that recalled the event was illegally obtained. The exhibit was not tendered by the maker. It was tendered by Princess, the complainant,” he said.

He also argued that the recording had been tampered with especially since the defendant did not go to the complainant’s house uninvited.

Awosika added that this was even more strange as he was accused of a crime seven years ago which was not reported to the police.

He further said the alleged confessional statement of the defendant failed the provision of Section 9 (3 ) of the Administration of Criminal Justice Law  (ACJL) of Lagos State 2021.

“The Evidence Act allows legislation to guide the admissibility of document before the court,” he said.

“ACJL has stated that if a confessional statement is to be used, it must meet some certain degree by ACJL which is not applied in this case.

“We urge the court to discredit the confessional statement. The defendant moved in a jiffy to participate in a short skit that put him in trouble. My Lord, my client was trapped.

“Concerning the age of the girl in question, Exhibits D and E are not saying the same thing.

“It is our submission, my lord, that the court is bound to call the biological mother inside the box to tell us her real age or her birth certificate or scientific evidence is tendered to ascertain the age but none was done.

“The prosecution agreed that the age of the minor must be established. However, it has also agreed that nothing has been done to provide the real age.”

Babajide Martins, the director of the DPP, in his final written address dated May 31, however, urged the court to convict Baba Ijesha as charged.

He argued that Lawrence Ayeni, one of the defence witnesses, told the court that the CCTV recording could not be manipulated.

Martins further told the court that the definition of a child is anybody below the age of 18 years and that the prosecution had proven that the girl is below the age.

He added that the charge of defilement can be meted out irrespective of the age below 18.

“So far the age of the survivor is not up to 18, the charge is still defilement. My Lord, no amount of brilliant address can substitute for the evidence before the court,” Martins said.

“We have compelling evidence of six prosecution witnesses which I must say are not contradictory.”

The DPP said the defendant also admitted during the trial that he never mentioned that he was acting a script when he was detained by the police at Sabo and Panti.

“Our position is that the prosecution has proven its case beyond reasonable doubts and we urge the court to please sentence the defendant as charged,” he said.