Justice Oluwatoyin Taiwo of the Sexual Offences court of the Lagos State High Court in Ikeja, has granted bail to the embattled Nollywood actor, Olanrewaju James Omiyinka alias Baba ljesha.
Ruling on the bail application, the judge granted bail to the defendant in the sum of 2million Naira with two sureties in like sum.
She added that one of the sureties must be a blood relation and must be resident in Lagos, in addition the surety must provide evidence of income tax in the last three years.
The judge also held that the second surety must be a legal practitioner and shall swear to affidavit and be verified by the registrar of the court.
Also, she said the defendant and relative shall enter into a one million Naira bail bond.
The judge further ruled that the defendant be released to his lawyer, a Senior Advocate of Nigeria, Babatunde Ogala, pending perfection of his bail.
Earlier, during his arraignment, the defendant in Yoruba language pleaded not guilty to six count charge of indecent treatment of a child, sexual assault and attempted sexual assault by penetration contrary to Sections 135, 263 and 262 of the Criminal Law Ch C17, Vol. 3, Laws of Lagos State, 2015 and sexual assault by penetration contrary to Sections 259 Criminal Law Ch C17, Vol. 3, Laws of Lagos State, 2012.
Counsel to the parties in a back and forth arguments for his bail led the court to stand down the matter for ruling at 12:03 p.m.
During proceedings, Director, Public Prosecution, DPP. Mrs. Olayinka Adeyemi, urged Justice Taiwo to remand the defendant in correctional centre as she opposed application for bail by Ogala, SAN, who announced that 19 lawyers are in court to defend the suspect.
But the judge refused all the appearances, saying that only six lawyers should suffice in the matter.
Addressing the court, the team’s lead counsel said he had filed a bail application and have served same on the prosecuting team.
He urged the court to grant them audience to argue the bail application.
Explaining her position for opposing the bail, the state counsel, Mrs. Adeyemi opposed the prayer, stating that her team is yet to verify the medical report which the defence rely on for his bail consideration.
She argued, “One of the offences is sexual assault by penetration which carries life imprisonment and that is a very serious offence.
“Grant of bail, My Lord is not a constitutional right, it is a discretional thing,” she said.
She added that the judge should be cautious of granting the defendant bail because of the rampancy of the crime.
When a crime is rampant, the court should take judicial notice and be cautious in granting bail, she noted citing a decided case decision of the Supreme Court in Ogbehemhe vs. Commissioner of Police, 2001.
The judge however queried the state prosecutor if the defendant had been granted bail.
But the State informed the judge that owing to the fact that the case had been filed before an High Court, the case shouldn’t have gone through such process.
She insisted that the defendant might jump bail if not denied.
Mr. Ogala urged that Adeyemi’s submission be frowned at on the basis that a defendant has right to bail.
He told the court, “It is right of the defendant in which he has been deprived, unlawfully held by the police
“Let this court not be used to perpetrate unconstitutionality.”
Justice Taiwo granted the request of the defence team and asked parties to argue the bail application.
Other counsel in the defence team include, D. A Awosika, SAN, Prince J.K Olabiran, Oyeniyi Akande, Jane Ogunbiyi Oluwaseyi among others.
Before the arrival of the defendant in court, journalists, families and friends of the suspect had besieged the court premises as early as 9:00 in the morning, trying to gain access to the court.
The security guards manning the entrance of the court struggled to control court users as they said they have instructions since yesterday not to allow people into the courtroom.
Some Nollywood actors such as Adedeji Aderemi known as Olofa Ina, Yomi Fabiyi, Damilola Adekoya Princess, and much more were seen discussing within the court premises.
The Lagos State Ministry of Justice on Thursday arraigned Baba Ijesha on six count charge of sexual abuse.
In the charge sighted, the ministry is particular about the alleged indecent touching of the 14-year old girl somewhere in Yaba area of Lagos.
He was accused of indecently touching the girl (name witheld) by sucking her fingers and rubbing his penis on her body.
The defendant is also standing trial for attempting to have carnal knowledge of the girl when he unzipped his belt and trouser with the view of penetrating the girl.
He was brought to Court by prison officials.
However the defendant attempted to conceal his face from the prying eyes of the public as he appeared in court in a hooded cardigan and a nose mask sandwiched by prison officials.
