Alleged defilement: Court fixes Dec. 15 to rule on Baba Ijesha’s statement

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 defense teams adopted their written addresses on the trial-within-trial.

Recall that during the court proceedings on Nov. 19, the defense, 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.

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

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

- Advertisement -

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

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

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

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 that substantiate the use of oppression.

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

“Does that not qualify as evidence of oppression?”