Nollywood actor, Olanrewaju James popularly known as Baba Ijesha, has revealed that he plans to no-case submission after the prosecution team of the Lagos State Government closed its case against the defendant on Wednesday.
The comedian is standing trial at the Sexual Offences Court sitting in Ikeja over allegations of defiling a minor following his arraignment on June 24.
According to the News Agency of Nigeria, he is facing a six-count charge bordering on the indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
At least six prosecution witnesses testified against the defendant, including actress and comedienne, Ms Damilola Adekoya, alias Princess; the 14-year-old survivor (name withheld), a child expert and Mrs Olabisi Ajayi-Kayode.
Others are a medical doctor, Dr Aniekan Makanjuola, the Investigating Police Officer (IPO), ASP Wahab Kareem and Omane.
However, after the cross-examination of the sixth prosecution witness by the defence, Mrs Olayinka Adeyemi, the Lagos State Director of the Directorate of Public Prosecution, on Wednesday, revealed that the state is closing its case against the actor.
“The prosecution has closed its case against the defendant,” the DPP said.
Following the DPP’s statement, the defence counsel, Mr Kayode Olabiran, announced to the court that the defence[Baba Ijesha] intended to file a no-case submission.
Justice Oluwatoyin Taiwo said: “We will take the no-case submission in the New Year; the court is rounding up” for 2021.
According to Lawpadi, quoting the Nigerian law – when a no-case submission is made, it basically means that the defendant is asking the court for an acquittal without it having to present a defence. … If the judge does not accept the submission, the case continues and the defence must present their case.
Meanwhile, the court ruled on the confessional statement made by the defendant to the police as Justice Taiwo held that it was admissible as evidence.
Justice Taiwo ruled that there was no evidence before the court that proved that the Nollywood actor was tortured into giving the statement to the police.
The judge noted that there was no corroboration to the defendant’s claim that a police officer, one Inspector Abigail Omane had promised to set him free if he owned up to the allegations. She described as an afterthought the defendant’s application stating the same.
“Sitting on the floor does not vitiate the confessional statement. The statement is found to be relevant and admissible,” the judge said.
The case has since been adjourned until Jan. 26, 2022, for the adoption of the no-case submission.
