Justice Oluwatoyin Taiwo of the Special Offences court on Wednesday refused to grant bail to convicted sex offender, Olanrewaju Omiyinka James also known as Baba Ijesha, pending his appeal at the Court of Appeal.
The Nollywood actor sought bail from the Lagos State High court to suspend his imprisonment pending appeal.
The trial judge, Justice Taiwo rejected the bail application on the ground that he did not meet exceptional circumstances and criteria to warrant the bail.
“The applicant must show special and exceptional circumstances because the term given to him is 5 years which is to run concurrently.
“There is no evidence that the appeal has been entered and there is no indication before this court that the court will not treat the case expeditiously.
“It is in the view of this court that the applicant has failed to show special circumstances to warrant him bail because he is facing a serious crime.
“In view of this case, I am inclined to refuse the bail application of the applicants pending appeal,” the judge said.
The applicant is seeking a bail for an appeal for the five years conviction of sexually assaulting a 14-year-old girl.
His counsel, Prince Gabriel Olabiran had on August 10 informed the court of a notice for bail pending appeal submitted in 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.
Olabiran 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 difficulty in getting a date at the Court of Appeal.
The State Prosecutor, Mr. Yusuf Sule, however, in a counter affidavits dated August 18, argued that the defence failed in its address to establish the special circumstances which might grant the convict bail.
“My lord, the defence has failed woefully in addressing the special circumstances which can be used to grant the convict bail.
The court had on July 14 sentenced him to five-years 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.
The judge, however, discharged and acquitted him of count one and six which were sexual assault by penetration and attempted sexual assault by penetration, which took place in 2021.
