Justice Oluwatoyin Taiwo of an Ikeja Special Offences Court has set December, 15, 2021 to rule on the admissibility of the confessional statement of Nollywood actor Olanrewaju James, fondly called Baba Ijesha, who is currently facing allegations of defilement.
The judge fixed the date on Thursday after the prosecution and defence teams adopted their written addresses on the trial-within-trial.
Recall that during the last court proceedings on November 19, 2021, the defence, which was led by Mr Babatunde Ogala (SAN) and Mr Dada Awosika (SAN), had objected to the confessional statement of 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.
Also, Taiwo, during the November 19 proceedings, had granted their request for a trial-within-trial to determine the voluntariness of the statement.
However, after the trial-within-trial, she adjourned for adoption of written addresses.
During Thursday’s proceedings, Awosika, while adopting his written address, told the court that the defence had filed a response to that of the prosecution.
He also objected to the submission of the prosecution that the defendant was not tortured.
Awosika, while citing Section 35(1) of the Evidence Act, argued that in criminal matters, there are two burdens of proof, noting that “one can change and the other doesn’t change.”
He asserted that the defendant had put forward facts before the court which substantiate the use of oppression.
The counsel said, “It is for the court to look at evidence by the defendant that he was handcuffed, beaten and forced to sit on the ground.
“Does that not qualify as evidence of oppression?”
Also, citing section 29(5) of the Evidence Act, Awosika argued further: “Even from the prosecution’s evidence, the defendant was sitting on the ground and shaking; one cannot make a statement under that condition.”
Awosika compelled the court to discountenance the submission of the prosecution.
Mr Sule Yusuf, while responding to the lead state prosecutor, affirmed that there was no evidence before the court that the defendant was oppressed while making his confessional statement.
Sule asserted that the defendant told the court that he was beaten before he was brought to the police station.
This, he said, “means it was a mob attack from which he was rescued.”
He illustrated that the defendant was trying to mislead the court.
Sule persuaded the court to uphold that the confessional statement of Baba Ijesha was voluntarily made.
Following the adoption of the written addresses, Taiwo ordered a witness summon to be issued for a prosecution witness, Mr Brown Asuquo, mandating him to appear in court at the next adjourned date which is December 15, 2021.