The Special Offences Court sitting in Ikeja, Lagos, has turned down the post-conviction bail application filed by James Olarewaju, better known as Baba Ijesha, the convicted Nollywood actor, pending the determination of his appeal at the Court of Appeal.
Justice Oluwatoyin Taiwo dismissed the application on Wednesday, insisting that Baba Ijesha did not meet exceptional circumstances and criteria to warrant the bail.
While ruling on the application, the judge held that the applicant must show exceptional circumstances because the term given to him is five years which is to run concurrently.
She stated that 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.
The embattled actor is seeking bail for an appeal for the five years conviction of sexually assaulting a 14-year-old girl.
Council to Baba Ijesha, 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.