Embattled Yoruba actor, Omiyinka Olanrewaju James, popularly known as Baba Ijesha, who was arraigned at a Special Offences and Domestic Violence Court in Ikeja, has been granted bail.
The actor, who was being tried by Justice Oluwatoyin Taiwo over charges bothering on rape, sexual assault and abuse of a minor, was granted bail on the ground that it was part of his fundamental human rights.
Two Senior Advocates of Nigeria and 17 other lawyers appeared on his behalf to argue the child molestation case involving the embattled actor.
Dada Awosika, SAN; and Babatunde Ogala, SAN, announced their appearance before Justice Oluwatoyin Taiwo during Thursday’s proceedings while the Lagos State Director of Public Prosecution, Olayinka Adeyemi and four other prosecutors appeared for the state.
Baba Ijesha, who wore a white hooded jacket and a mask, arrived in court in a Black Maria.
Also in court today are popular comedienne, Adekola Adekanya, otherwise called Princess; Baba Ijesha’s colleague, Yomi Fabiyi; as well as other interested parties in the matter.
Awosika and Ogala as well as the other counsels for Baba Ijesha pressed for the actor’s bail on health grounds but the prosecution opposed it.
Meanwhile, Baba Ijesha pleaded not guilty to charges of child molestation.
He pleaded not guilty to a six-count charge bordering on the 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.
The Lagos State Director of Public Prosecution (DPP), Mrs Olayinka Adeyemi, following the plea, requested that the defendant should be remanded by the court.
But the lead defence counsel, Mr Dada Awosika (SAN), in a bail application supported by a 29-paragraph affidavit, prayed the court to grant the defendant bail in liberal terms.
The bail application was brought pursuant to Section 105(2) and (3) of the Administration of Criminal Justice Law of Lagos State, 2015, and Sections 35 and 36 of the 1999 Constitution of Federal Republic of Nigeria (as amended).
Awosika said, “I will wish to note that the issue of bail, especially on an offence of this nature, is a constitutional right.
“This is a right the defendant has been deprived of for the past 48 days when he was unlawfully held by the police.
“We are also not unconscious of the JUSUN strike which made it difficult to bring him to court,” he said.
The counsel prayed the court to grant the defendant bail, saying that it was guaranteed under the 1999 Constitution.
“Imagine if this man is kept in detention for many years and is found innocent, will there be any restitution? No.
“Justice and fairness should be done.”
In response, Adeyemi urged that the defendant should be denied bail because according to her, the defendant is a flight risk and can influence witnesses, if granted bail.
In Adeyemi’s words, “I want to bring to my lord’s attention the nature of one of the offences – sexual assault by penetration – which carries life imprisonment.
“Bail is a discretionary right, it is not a constitutional right.
“On the nature of the offence and the strength of the evidence, there is a prima facie case before your lordship.
“The court should take judicial notice of the crime which is rampant in society.”
Adeyemi added that the prosecution had six witnesses in the case.