Nollywood actor, Olanrewaju Omiyinka aka Baba Ijesha,who has been embroiled in a rape accusation over the past few days could be released on bail by Friday,30th of April.
The actor who has been in prison since a CCTV footage showed him molesting and defiling a minor is on his way to being a Freeman again.
A senior police officer who spoke to The Punch confirmed that there is a directive to release the entertainer from custody.
The police source also stated that the ongoing Judicial Staff Union of Nigeria strike has aided his release since it has prevented the police from arraigning him in court. The police source went further to state that one of the fundamental human rights is unlawful detention and at such Baba Ijesha cannot be detained for days without trial.
Although investigation is still ongoing , the source added that the CCTV footage did not show the actor defiling the girl rather he was only indecently assaulting her which is a case subject to bail. He also added that the plantiff and defendant have been questioned and both denied the rape accusation.
“There was no case of defilement, people are just talking out of sentiment. They are not talking from the point of law. We interviewed all parties involved in the case for three hours today (Wednesday).
The mother complained that her child was at the age of seven when she was defiled and the child pointed at Baba Ijesha. But the case, was not reported until she was 14 years and under the law, the case has become statue barred.
Regarding this new case, the CCTV footage has been assessed and nowhere was it captured that Baba Ijesha defiled her. The footage only showed him touching the victim’s body but it never showed him having any sexual intercourse with the girl. The girl also confirmed the same thing.
Soz in law it is a case of indecent assault and not sexual harassment, and it is open to bail. So, can we continue to keep him when the offence is subject to bail and when there is no court sitting? That is against his fundamental human rights and the police do not work on sentiments. Directives have been given out for his release on bail”.
The police officer, however, said that despite granting him bail, investigation is still ongoing and that the State Ministry of Justice have been briefed for their legal opinion on his case.
He further stated:
“A test was recently done on the victim and it was discovered that she had penetration. Is it the penetration of seven years that is still evident now, and who penetrated her then? Is there any medical report linking the man to the crime?
The CCTV footage never showed Baba Ijesha defiling her, but he confessed to touching her body indecently and apologized, and the girl confirmed and the same.
Investigation is still ongoing and we have instructed them to conduct a medical examination on the victim at a government recognised medical facility. We are not specialists in the field and we have also sought legal opinion from the Ministry of Justice”.