Advertisment

Court fixes date to rule on Baba Ijesha’s confessional statement

Advertisment

Justice Oluwatoyin Taiwo of an Ikeja Special Offences Court has fixed Dec. 15 to rule on the admissibility of the confessional statement of Nollywood actor Olanrewaju James, who is facing allegations of defilement.

Taiwo fixed the date on Thursday after the prosecution and defence teams adopted their written addresses on the trial-within-trial.

Advertisment

Recall that during the court proceedings on Nov. 19, the defence, led by Mr Babatunde Ogala (SAN) and Mr Dada Awosika (SAN), had objected to the confessional statement of James, alias Baba Ijesha, being admitted as evidence.

RecommendedReads

The objection was predicated on the ground that the statement the Nollywood actor gave to the police was made under duress.

Advertisment

Taiwo, during the Nov. 19 proceedings, had granted their request for a trial-within-trial to determine the voluntariness of the statement.

After the trial-within-trial, she had adjourned for adoption of written addresses.

Advertisment

During Thursday’s proceedings, Awosika, while adopting his written address, told the court that the defence had filed a response to that of the prosecution.

He objected to the submission of the prosecution that the defendant was not tortured.

Advertisment

Citing Section 35(1) of the Evidence Act, Awosika argued that in criminal matters, there are two burdens of proof, noting that “one can change and the other doesn’t change.”

He said that the defendant had put forward facts before the court which substantiate the use of oppression.

Advertisment

The counsel said, “It is for the court to look at evidence by the defendant that he was handcuffed, beaten and forced to sit on ground.

“Does that not qualify as evidence of oppression?”

Advertisment

Citing section 29(5) of the Evidence Act, Awosika argued further: “Even from the prosecution’s evidence, the defendant was sitting on the ground and shaking; one cannot make statement under that condition.”

He urged the court to discountenance the submission of the prosecution.

Advertisment

Responding, the lead state prosecutor, Mr Yusuf Sule, contended that there was no evidence before the court that the defendant was oppressed while making his confessional statement.

Sule said that the defendant told the court that he was beaten before he was brought to the police station.

Advertisment

This, he said, “means it was a mob attack from which he was rescued.”

He noted that the defendant was trying to mislead the court.

Advertisment

Sule urged the court to uphold that the confessional statement of Baba Ijesha was voluntarily made.

Following the adoption of the written addresses, Taiwo ordered a witness summon to be issued for a prosecution witness, Mr Brown Asuquo, mandating him to appear in court at the next adjourned date.

Advertisment

NAN reports that Baba Ijesha faces a six-count charge bordering on indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.

The offences contravene Sections 135, 259, 262, 263 and 262 of the Criminal Law of Lagos State, 2015.

Advertisment
Advertisment

Related Contents

Next Post

Leave a Reply

Your email address will not be published. Required fields are marked *

Welcome Back!

Login to your account below

Retrieve your password

Please enter your username or email address to reset your password.

Add New Playlist

We use cookies to offer you a better browsing experience. If you continue to use this site, you consent to our use of cookies.
We use cookies to offer you a better browsing experience. If you continue to use this site, you consent to our use of cookies.