Funke Busari, Lagos
Court has admitted the video evidence against the embattled Nollywood actor, Olanrewaju (Omiyinka) James, alias Baba ljesha.
The defendant is facing charge of alledged defilement of a minor.
The trial began on Monday before Justice Oluwatoyin Taiwo of the Special Offences, Ikeja.
CASEFILE reports that the foster parent of the victim (names with held), Damilola Adekola took the witness box in the courtroom and narrated how the defendant sexually abused her.
Giving evidence as the first prosecution witness, Princess told Justice Taiwo that the defendant had defiled her daughter seven years ago on the day she was watching cartoons in the living room during the defendant’s visit to her while she was ill and came to sympatise with her.
She explained that she had left her apartment for approximately seven minutes to see off a visiting relative leaving him with the seven year old daughter who was watching cartoons.
“My daughter told me seven years later that on that day, when I saw my guest off, Baba Ijesha asked her if she was enjoying her cartoon and he now told her that she should come let him play with her.
“She said when she got to where he was sitting, he asked her to remove her pant and he removed his trousers. At that point I asked her which Baba Ijesha? She said it’s the same Baba Ijesha, Lanre Omiyinka James.
“She said he asked her to sit on him and start wriggling my waist. I continued until something like water splashed all over my body and he told me not to tell my mum that it is just like play, just like cartoon.
“She said when he heard the gate close he told her to stand up and go to the bathroom to clean herself and he then used his face towel to clean up himself,
The ‘mother’ narrated that he was caught in the act on video following the explanation of the minor who told her about what the defendant did to her upon seeing him with her in a movie they featured in.
She said that Baba Ijesha even begged her not to involve the Police and Press.
The video evidence was played in a closed session after the press and public were ordered out.
Meanwhile, the presiding judge has ordered the investigation of another Nollywood actor, Mr Yomi Fabiyi for contempt of court.
The actor, according to the Director, the Lagos State Directorate of Public Prosecution, DPP, Mrs Olayinka Adeyemi while addressing the judge said Fabiyi disregarded the court warning of June 24, 2021.
Recall that the court had emphasised that since the matter was sub judice, that is before the court for consideration, everyone is prohibited from public discussion of the matter.
However, the prosecutor informed the court that the actor went ahead to air a movie he produced titled “Oko Iyabo”.
“Despite the warnings of this honourable court, a actor called Yomi Fabiyi went ahead and made a movie about the facts of this case.
“He used real names of the parties and witnesses in this matter in the movie. Our application is to exclude him, his privies and his agents from proceedings in court.
“He is not in court at the moment but his representatives may be in court. This is contempt of court and we intend to prosecute him and bring him before this court,” the DPP said.
Therefore, this situation attracted displeasure of Justice Taiwo, hence she ordered an investigation into the allegation.
She said, “This case is sub judice and you are not to be making videos and disparaging comments on social media. This needs to be investigated.”
But the lead defence counsel, Mr. Dada Awosika, SAN, replied that though he was aware of the movie, it was filmed before the criminal case began in court.
He noted, “The movie is about the controversy between two artistes, Yomi Fabiyi and Iyabo Ojo. I saw the movie on YouTube.
“The two of them are supporters on different sides. Fabiyi is one supporter and Ojo is another supporter.
“This movie is about the controversy between both of them and they are not parties to this case,” Awosika explained.
As it is, the judge had ordered that the alledged contempt of court be investigated by authorities to enable legal actions to be taken against Fabiyi if he is found culpable.