Justice Oluwatoyin Taiwo of an Ikeja Special Offences Court has fixed December 15 for ruling on the admissibility of a confessional statement of Nollywood actor, James Olanrewaju a.k.a Baba Ijesha.
Justice Taiwo fixed the date after counsel adopted their final written addresses on Thursday at the conclusion of the trial-within-trial ordered by the court to verify the voluntariness of the statement at the last hearing on November 19.
Co-lead Defense Counsel, Dada Awosika in his arguments, maintained that the defendant had presented facts to substantiate the use of oppression during his interrogation by the Police, as alleged.
“It is for the court to look at evidence by the defendant that he was handcuffed, beaten and forced to sit on ground. Does that not qualified as evidence of oppression?”
Citing section 29(5) of the Evidence Act, Even from the prosecution’s evidence, the defendant was sitting on the ground and shaking, one cannot make statement under that condition.”
But in his submission, Prosecutor, Yusuf Sule contended that there was no evidence before the court that the defendant was oppressed while making his confessional statement or that he was degraded.
Mr Sule added that Baba Ijesha previously told the court that he was beaten before he was brought to the police station “which means it was a mob attack from which he was rescued.”
The state counsel urged the court to uphold that the confessional statement of Baba Ijesha was voluntarily made.
Baba Ijesha is facing a six-count charge bordering on allegations of indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
He has pleaded not guilty to the six-count charge.
Justice Taiwo also granted the request of the prosecutor for a witness summons to be issued against a prosecution witness, Brown Asuquo to appear in court at the next adjourned date.
