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.
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. 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 as hearsay.Justice Ojo, however, held that on the event that occurred on April 19, 2021, the evidence of PW1 was an eyewitness account adding that this account remains credible and one of the most effective ways to establish commission of an offence.
Justice Ojo held “The law is certain that there is no other evidence other than admission in commission of an offence. “Moreover, PW2’s 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.
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