The appellate court in its lead judgment by Justice Folashade Ojo found the appellant guilty on counts 4 and 5, where he was accused of indecently touching a minor and sexually assaulted her.
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 Ojo, however held that on the event that occurred on April 19, 2021, the evidence of PW1 was an eye witness account, adding that an eye witness account remains credible and one of the most effective ways to established commission of an offence.The court held that the appellant’s voluntarily confessed to the crime of of April 19, 2021, and did not challenge the statement of , Damilola Adekoya throughout the proceedings.
“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.