The Sexual Assault Sexual Offences Court in Ikeja, Lagos has fixed February 17 for the Nollywood actor, Olanrewaju James, popularly known as Baba Ijesa to open his defence over allegations of defiling a minor.
Justice Oluwatoyin Taiwo fixed the date on Wednesday, following the submission by the lawyer to Baba Ijesa, Mr Dotun Ajulo, who sought for a short adjournment date on the grounds that the senior lawyers in the case, Babatunde Ogala (SAN) and Dada Awosika (SAN) were indisposed and unavailable.
Baba Ijesa is facing six-count charge of alleged indecent treatment of a child, sexual assault, attempted sexual assault by penetration, and sexual assault by penetration.
But when the charge was read to Baba Ijesa, he pleaded not guilty to the offence during his arraignment on June 24 last year.
When the matter came up on Wednesday, Ajulo told the court that though the proceedings were scheduled for adoption of the address of a ‘no-case submission’, the defendant had decided to enter a defence.
He said, “The defendant (Baba Ijesa) has decided to defend the matter properly, so we didn’t bother to file a no-case submission again.”
In view of this development, the lawyer asked the court to grant a short adjournment, as he was quite new to the matter while both senior advocates representing the defendant were not in court.
He added, “Although Babatunde Ogala had informed Mr Awosika that he will not be in court today, Mr Awosika is himself indisposed; he didn’t know that he will not be in court. We apologise to the court for the inconvenience.”
The new Lagos State Director of Public Prosecution (DPP), Dr Jide Martins, who had himself just come into the matter, following the elevation of the previous DPP, objected to the request for an adjournment.
He said, “The excuse is quite unfortunate. There is nothing in our law for conditional appearance.
“He should go ahead and enter his defence. I urge the court to request him to start his case. It’s been over one month since this case was adjourned.”
After listening to both parties, Justice Taiwo agreed that Ajulo had never appeared on the matter.
The judge added that the DPP was also new to the matter as the previous DPP, Mrs Olayinka Adeyemi, had been elevated and appointed as a judge of the Lagos State High Court.
Justice Taiwo said, “I grant the indulgence of the defendant as the senior advocates have always appeared in court
“We cannot drag this matter. If they are not in court at the next adjourned date, we will just have to proceed.”
In response to the court’s enquiries, the defence lawyer gave an indication that the defence will call only Baba Ijesa as its defence witness.
Justice Taiwo later adjourned till February 17 and 18 for Baba Ijesa to open his defence.
