The Special Offences Court sitting in Ikeja, on Wednesday, rejected the post-conviction bail application filed by the convicted Nollywood actor, James Olarewaju, also known as Baba Ijesha, pending the determination of his appeal at the Court of Appeal.
Baba Ijesha did not meet the exceptional circumstances and criteria for bail, according to Justice Oluwatoyin Taiwo.
In ruling on the application, the judge stated that the applicant must demonstrate exceptional circumstances because the term granted to him is five years, to be served concurrently.
She stated that there is no evidence that the appeal has been filed and that there is no indication that the court will not deal with the case expeditiously.
The embattled actor is seeking bail for an appeal for the five years conviction of sexually assaulting a 14-year-old girl.
Baba Ijesha’s counsel, Gabriel Olabiran, on August 10 informed the court that notice for bail pending appeal has been filed according to Section 6 (6) of the 1999 Constitution as amended and Section 51 of the High Court law of Lagos State, administration of criminal justice law.
Olabiran said the application was brought before the court due to difficulty in getting a date at the Court of Appeal.
The state prosecuting counsel, Yusuf Sule, in a counter affidavit dated August 18, contended that the defendant failed in its address to establish the special circumstances which might grant the convict bail.
The court had on July 14 sentenced the embattled actor to five-year imprisonment for sexually assaulting a 14-year-old girl.
The court held that the prosecution had successfully proven the charge of sexual assault of a minor and indecent treatment of a minor against the convict.
Justice Taiwo however, discharged and acquitted him of counts one and six which were sexual assault by penetration which took place in 2014 and attempted sexual assault by penetration, which took place in 2021.