Metro

Sexual Assault: Appeal Court Affirms 5-Year Conviction Of Noollywood Actor,Baba Ijesha

Published

2 days ago

June 28, 2024

The Court of Appeal sitting in Lagos on Friday affirmed the judgement of a Lagos State High Court, which sentenced Nollywood actor, Olanrewaju James, popularly called Baba Ijesha to five years imprisonment for sexually assaulting a 14-year-old minor.

The appellate court in its lead judgement delivered by Justice Folashade Ojo found the Appellant, Baba Ijesha, guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulting her.

Other members of the panel, Justice Abdullahi Bayero and Justice Paul Bassi aligned themselves with the lead judgement.

The Lagos State Government arraigned Baba Ijesha on a six-count charge bordering on the indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.

In her judgement, the trial judge, Justice Oluwatoyin Taiwo (rtd) of the Lagos State Domestic Violence and Sexual Offences Court, on July 14, 2022, sentenced Baba Ijesha to five years imprisonment over the sexual assault of the minor.

The court found Baba Ijesha guilty of indecent treatment of a child and sexual assault, of a minor between 2013 and 2014, which is contrary to Section 135 of Lagos State Criminal Law 2015.

Justice Taiwo exonerated him of the offence of sexual assault by penetration which deals with allegedly sexually assaulting the minor by penetration with his car key seven years ago and attempted sexual assault by penetration during another encounter with the minor on April 22, 2021.

The judge held that the prosecution successfully proved counts two and three that he indecently placed the survivor on his lap and rubbed his penis on her body.

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.

The Appellant argued that the prosecution failed to prove that he (Baba Ijesha) sexually assaulted the victim, contending that the appellant merely acted a script that he was invited to act.

He argued: “The Appellant was set up. The Appellant is an actor. He acted in a script that he was invited to act by his colleague (PW1), Damilola Adekoya.”

Delivering judgment on the appeal, Justice Folashade Ojo set aside the appellant’s conviction on indecent treatment of a child and sexual assault of a minor which allegedly occurred between 2013 and 2014 describing the testimony of PW1 (Damilola Adekoya) as hearsay.

Justice Ojo, however, held that on the event that occurred on April 19, 2021, the evidence of PW1 (Damilola Adekoya) was an eyewitness account adding that this account remains credible and one of the most effective ways to establish commission of an offence.

Besides, the court held that the Appellant voluntarily confessed to the crime of the event of April 19, 2021, and did not challenge the statement of (PW1), Damilola Adekoya throughout the proceedings.

Justice Ojo noted that the appellant made the extra-judicial statement at Sabo Police station, Lagos State on the 19th of April 2021, and another statement at the State Criminal Investigation Department, Panti on the 28th of April 2021, which were tendered in evidence.

The court held that in the two statements, the appellant admitted that he indecently touched and indeed molested PW2 while she was alone with him in PW1’s (Damilola Adekoya) apartment.

Justice Ojo held “The law is certain that there is no other evidence other than admission in 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’s 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.

“I have carefully looked at the record and unable to agree with the appellant, that he was merely acting a script. The interaction between PW2 and the appellant on the 19th of April, 2021was not a theatrical performance of make-believe but a personal encounter between the two of them.

“Moreover, PW2’s (victim) body language supported by her oral testimony and documentary evidence clearly shows that she attempted to distance herself from the appellant. The most inference to draw from from appellant’s action in searching the entire house immediately after PW1 left with her visitors and sexually assaulting PW2 is that he intended to commit the offence, and did commit the offence.

“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.

“On the event of April 19, 2021, it is my firm belief that the evidence of PW1 does not amount to hearsay, she was an eye witness. My conclusion is that the evidence presented by the prosecution before the trial court on the offence of indecent treatment of a child, and sexual assault committed by the appellant on the 19th of April 2021 is compelling and sufficient to justify the appellant’s conviction.

“In conclusion, I have no hesitation in affirming the appellant’s conviction for the indecent treatment of a child and sexual assault. The appellant indecently touched PW2’s body in a sexual manner, in violation of Section 135 of the Criminal Law of Lagos State 2015. His actions constitute sexual assault against PW2.

“I am of the view that the respondent discharged the burden of proving its case beyond reasonable doubt against the appellant on the allegations of April 19, 2021, and I so hold. I have no reason to interfere with the findings of the trial court on the events of April 19, 2021. In all, I hold that this appeal succeeds in part and it is accordingly allowed in part.”

The court ordered as follows “The appellant’s conviction and sentence to 5 years imprisonment for the offence of indecently touching of a child contrary to Section 135 of the Criminal Laws of Lagos State 2011 (count 2 of the charge) is set aside.

“The Appellant’s conviction of 3 years imprisonment for the offence of sexual assault of a child contrary to section 261 of the Criminal Laws of Lagos State 2011 (count 3 of the charge) is set aside.

“I affirm 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)

“The appellant’s conviction and sentence to 3 years imprisonment for sexual assault contrary to section 263 of the Criminal Laws of Lagos State 2011 (count 5 of the information) is also affirmed. The sentences for counts 4 and 5 are to run concurrently.”

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Metro

Two Female Suicide Bombers Arrested After Deadly Borno Blast

Published

6 hours ago

June 30, 2024

Editor

Two female suicide bombers have been arrested in Borno State, in connection with the detonation of improvised explosive devices (IEDs) in Gwoza, authorities said on Sunday.

The explosion left at least 18 people dead

A local government official who confirmed this to Channels Television said 30 of the female suicide bombers were sent into Gwoza to detonate the Improvised Explosives Devices (IEDs) at different locations within the area.

According to the source, only four suicide bombers exploded so far.

She explained that one of the female bombers that came from Pulka Axis was responding to military interrogation at the checkpoint when she panicked and detonated the IED killing herself, the soldier and a civilian JTF member.

It was gathered that the women got into Gwoza from different locations, some from Pulka and others from the Mandara mountains.

Recent Deadliest Attack
The attack, one of the deadliest reported in the state in recent months, injured more than 30 persons. The degree of injuries ranges from abdominal ruptures to skull and limb fractures.

The Director-General of SEMA, Barkindo Saidu, said he witnessed the first blast.

“In my presence, at about 3 pm, the first bomb blast in Gwoza occurred, detonated by a female suicide bomber in the midst of the marriage ceremony celebration,” he wrote in a situation report later in the day.

“It affected more than 30 persons with various levels of injuries and instant death. Some minutes later, another blast occurred around General Hospital.”

The wedding was held at Tashan Mararaba near the Fire Service in Gwoza town.

A survivor said the first bomber was carrying a baby on her back when she stormed the venue and detonated the IED.

As people gathered to bury those killed at the wedding, Saidu said a third bomber, a lady, detonated another IED with a lot of casualties.

While emergency officials were in the hospital coordinating the rescue mission, a fourth blast was set off by a female teenager.

“So far, 18 deaths comprise children, adult males, females, and pregnant women. 19 seriously injured were conveyed to Maiduguri in four ambulances,” Saidu said.

At the time he released the situation report, he said 23 were waiting for military escort “in the Medical Regimental Services (MRS) Clinic”.

The evacuation of the injured continued into the night with the SEMA DG, who was in Gwoza when the attacks occurred, coordinating the process from there.

He also said he had received a report of a suspected suicide bomber in Pulka but did not provide further details about that.

The military has imposed a curfew in Gwoza LGA in the wake of the attacks.

Metro

Police Crack Down On Pro-Palestine Protest, Arrest Six Shi’ites In Abuja

Published

6 hours ago

June 30, 2024

Editor

Operatives of the Federal Capital Territory (FCT) Police Command have arrested six members of the Islamic Movement in Nigeria, also known as Shi’ites, in Abuja during a pro-Palestine demonstration.

The protesters, including Ishaq Haruna, Nura Attahir, Ali Muhammad, Abba Abdulkareem, and Abubakar Hamidu, were detained at the SARS Police Detention Facility in Garki, Abuja.

According to eyewitnesses, the police used force to disperse the protesters, who were gathered at the National Mosque in Abuja to show solidarity with Palestine.

In a statement on Sunday, the Islamic Movement in Nigeria, led by Sheikh Ibraheem Zakzaky, condemned the arrest and detention of the protesters, demanding their unconditional release.

Sheikh Sidi Munir Mainasara Sokoto, signed the statement on behalf of the Islamic Movement, urging the immediate release of the detainees.

He said, “The police are supposed to be for the preservation of law and order. Yet, they continue to arrest and detain free Palestine protesters. This raises questions about whether the Nigerian Police are working for Nigeria or Israel, or if there are Israeli agents in the Nigerian Police promoting Israel’s interests and supporting the massacre in Palestine.

“We condemn the unlawful abduction and detention of Yahuza Haruna Masaka, Ishaq Haruna, Nura Attahir, Ali Muhammad, Abba Abdulkareem, and Abubakar Hamidu by the FCT Police. We demand their unconditional release.

“The Nigerian government supports the creation of the State of Palestine, and there is a Palestinian Ambassador in Nigeria and a Nigerian Ambassador to Palestine based in Egypt. Recently, the Nigerian Foreign Minister, Yusuf Tuggar, stated that there is no justification for the carnage in Palestine.

“We urge the police to release the detained protesters and stop supporting Israel’s interests. We also call on the Nigerian government to uphold its commitment to the Palestinian cause and stop the police from perpetuating brutality and repression.”

Metro

Two Suspects Excrete 150 Wraps Of Cocaine At Lagos Airport

Published

8 hours ago

June 30, 2024

Editor

The National Drug Law Enforcement Agency (NDLEA) announced on Sunday that its operatives have arrested two passengers traveling to Doha on a Qatar Airways flight at the screening point of Terminal 2 of Murtala Mohammed International Airport, Lagos, after they tested positive for ingestion of illicit substances on Friday, June 21.

According to the agency spokesman, Femi Babafemi, “The suspects, Aikhomoun Daniel (alias Oladapo Olanrewaju) and Ayigoro Waheed Omobolaji, were taken into observatory custody. Daniel excreted a total of 90 wraps of cocaine weighing 1.022 kg in six excretions, while Ayigoro discharged 60 wraps of the same Class A substance with a total weight of 662 grams in five egestions.”

Further investigation revealed that Aikhomoun Daniel had stolen the identity of his late uncle, who was once based in Germany, to obtain a Schengen visa for free access to Europe. His real name is Oladapo Olanrewaju.

Meanwhile, NDLEA operatives intercepted 6,125 cartons of codeine syrup containing 1,050,000 bottles of the opioid, worth over N7.35 billion in street value, at the Port Harcourt Ports complex, Onne, Rivers State.

The seizure, made from six containers on Saturday, June 29, was the third such operation in the past four weeks following credible intelligence and diligent tracking of the consignments from their port of departure by a special operations unit of NDLEA.

In Abuja, NDLEA operatives disrupted a drug party dubbed “Go Hard or Go Home. Pick Your Poison,” arresting 60 suspects (25 males and 35 females) at an apartment in Sun City estate, Federal Capital Territory. The raid followed credible intelligence about the party organized by Stanley Ikechukwu, who was arrested at the venue. Six suspects were found with different quantities of ecstasy and cannabis.

Chairman/Chief Executive of NDLEA, Brig Gen Mohamed Buba Marwa (retired), directed that 20 of the suspects who tested negative for drugs be released unconditionally. Thirty-three others who tested positive for illicit drugs were to be released on bail and report to the FCT Command of the Agency on Monday to begin treatment and counseling.

Additionally, about 40.32 kg of Loud, an imported strong strain of cannabis, was recovered from a black Toyota Tacoma truck along Lekki-Ikoyi road when the driver abandoned the vehicle after noticing NDLEA operatives were on his trail.

Furthermore, four suspects—Endurance Okon, 24; Joseph Michael, 23; Ovoco Bright, 43; and Goday Abanum, 23—were arrested in a deep forest in Ugun, Igueben LGA, Edo State on Saturday, June 29, when NDLEA operatives raided and destroyed 18,632.22 kilograms of cannabis on 7.452888 hectares of farmland.

Across the country, NDLEA commands and formations continued their War Against Drug Abuse (WADA) sensitization activities in schools, worship centers, workplaces, and communities. These include WADA enlightenment lectures for students and staff of First Technical University, Ibadan, Oyo State; students of Government Day Secondary School, Yola, Adamawa; students and teachers of Ezeike High School, Nibo, Anambra; members of Mount Zion Anglican Church, Igoba, Akure, Ondo State; and WADA advocacy visits to the palace of the Oba of Yoruba in Kano, Dr. Murtala Alimi Otitese.

Commending the officers and men of the MMIA, Port Harcourt Ports, Lagos, and Edo Commands for their arrests, seizures, and dexterity, Chairman/Chief Executive Officer of NDLEA, Brig Gen Mohamed Buba Marwa (retired), warned drug cartels that no matter the ingenuity of their modes of trafficking, the dedicated workforce of the Agency, in collaboration with other stakeholders and partners, will always be steps ahead to expose them and thwart their tricks. He urged the officers and their colleagues across the country to continue with the ongoing balanced approach to the drug control efforts of the agency.