Nollywood actor, Olanrewaju Omiyinka, popularly known as Baba Ijesha, has on Thursday been granted N2 million bail by Ikeja Special Offences Court in Lagos state.
The 48-year-old actor has been in police custody since April 22, 2021, when Lagos State Police Command announced his arrest for allegedly sexually assaulting a teenage girl in the care of Princess when she was 7 and recently at 14.
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On May 17, 2021, Baba Ijesha was granted bail by magistrates and judicial workers on tour to decongest prisons in the state during the industrial action by Judicial Staff Union of Nigeria.
However, Baba Ijesha could not meet the bail conditions which include N500,000 and a level 16 civil servant as surety.
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Omiyinka was subsequently arraigned before Lagos State Magistrates’ Court in Yaba last Wednesday on charges bordering on rape, sexual assault and abuse of a minor.
During today’s hearing, the actor pleaded not guilty to a six-count charge bordering on indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
Others are indecent treatment of a child, sexual assault and attempted sexual assault by penetration.
According to the court, the offences contravene Sections 135, 259, 262, 263 and 262 of the Criminal Law of Lagos State, 2015.
During the trial, the actor, whose real name is Olanrewaju James, pleaded not guilty to the charges brought against him.
Following the plea, Lagos State Director of Public Prosecution (DPP), Mrs Olayinka Adeyemi, requested that the defendant should be remanded by the court.
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In a bail application supported by a 29-paragraph affidavit, lead defence counsel, Mr Dada Awosika (SAN), 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).
He stated;
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.
The counsel prayed the court to grant the defendant bail, saying that it was guaranteed under the 1999 Constitution.
He stated;
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, saying the defendant is a flight risk and can influence witnesses, if granted bail.
She expressed;
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.
In her ruling, Oluwatoyin Taiwo, the judge, ordered that the actor be released on bail while the trail continues.
Taiwo said the defendant must bring the amount alongside two sureties — one of which must be a legal practitioner and the second a family relation.
The judge, however, expressed that the actor must perfect the bail terms and conditions within the next seven days.
She stated that the trial would begin on July 26 through 27 and 28 respectively.
