The Ikeja Domestic Violence and Sexual Offences Court on Wednesday fixed September 19 to deliver a ruling on the bail application filed by convicted Nollywood actor James Olarewaju, alias Baba Ijesha.
The embattled actor is seeking bail for an appeal on the five years conviction of sexually assaulting a 14-year-old girl.
Justice Oluwatoyin Taiwo adjourned for ruling following the argument of the counsel on whether the convict had met special circumstances for the court to grant him bail.
The defence counsel, Chukwudi Adiukwu, informed the court that a notice for bail pending appeal had been submitted pursuant 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.
Mr Adiukwu argued that the application admitted the applicant to bail, either unconditionally or upon reasonable conditions.
He said the application was brought before the court due to the difficulty in getting a date at the Court of Appeal.
“We also take into cognisance the prison month calendar, the convict would have served his five years concurrent jail term within three years and six months before the hearing might take place at the appeal court.
“In addition, my lord, the convict was of good conduct before the court during his trial, and he was never absent till the judgment.
“We urge the court to consider the special circumstances at granting bail to the convict,” he said.
The state prosecution counsel, Omowunmi Bajulaye-Bishi, however, argued that the defence failed in its address to establish the special circumstances which might grant the convict bail.
“We humbly urge the court to refuse the bail application of the convict,” Ms Bajulaye-Bishi said.
On July 14, the court sentence3d the embattled actor to five years’ imprisonment for sexually assaulting a minor.
The court, 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).
(NAN)
