Justice Oluwatoyin Taiwo of the Sexual Offences Court in Lagos has fixed December 15, 2021 for ruling on whether or not Olanrewaju James Omiyinka alias Baba Ijesha volunteered his statement in the case of allegations of sexual assault of a-14-year old child, (names withheld).
At the continuation of trial on Thursday, the defence counsel, Dada Awosika, SAN had informed the court to decline the exhibit of confessional statement before it.
Responding to written address filed by the prosecution on the point of law, specifically citing the Evidence Act Section 136 (1), Awosika said, “The defendant has proved evidence of oppression.”
Continuing, the senior advocate urged the court to look for the fact of oppression in Evidence Act Section 135 (5).
“Look at, ‘I was handcuffed, I was laid on the floor and the statement was not given to me to sign.’ he said.”
He asked the judge, “Is that not oppression?”
The defence lawyer also claimed that even from the statement of the prosecution’s witness Oname Abigail, she said he was laid on the floor and was shaking.
Concluding his address, Awosika SAN, submitted: “The condition under which the evidence was taken was degrading and inhuman, I hope My Lord, discountenance the submission.
Countering his claim, the Prosecution Counsel, Yusuf Sule, insisted that the evidence was voluntarily made by the defendant.
He noted that in all the submissions by the defence however, there was nowhere Badagry was mentioned in his statement, mentioning it in his statement now, it is to mislead the court.
The judge ordered a witness summon to be issued on one Brown Asuquo, a prosecution witness to appear in court at the next adjourned date of December 15.
The summon was sequel to the request of the prosecution led by Sule.
Baba Ijesha is facing a six-count charge bordering on allegations of indecent treatment of a child, sexual assault, attempted sexual assault by penetration and sexual assault by penetration.
The case continues.
