Two months after his conviction, the Lagos Special Offences Court sitting in Ikeja, yesterday, fixed September 19, for a ruling on the post-conviction bail application filed by convicted actor, Olanrewaju James (Baba Ijesha).
The trial judge, Oluwatoyin Taiwo, fixed the date, following the arguments of both prosecuting and defendant’s counsel on whether the convict has met special circumstances for court to grant him bail, pending appeal.
James had through his counsel, approached the court for post-conviction bail, pending the determination of his appeal at the Court of Appeal, Lagos.
He was convicted for indecent treatment and sexual assault of a minor between 2013 and 2014 among other offences and sentenced to five years concurrent jail term.
When the case was called for hearing yesterday, Mr. Chukwudi Adiukwu, counsel to the convict, told the court that the team brought notice for bail pending appeal in pursuant to section 6 (6) of the 1999 Constitution as amended.
Adiukwu argued that section 51 of the Administration of Criminal Justice Law (ACJL) 2015, empowers the court to admit his client to bail, either unconditionally or upon reasonable conditions.
In his explanation on the special circumstances, Adiukwu told the court that granting the application will serve justice as getting a date at the court of appeal might be difficult, considering the numbers at their (Appeal Court) dockets.
He further told the court that with the prison month calendar, the convict would have served his five years concurrent jail term within three years and six months, before the hearing can take place at the appeal court.
He added that Baba Ijesha was of good conduct during his trial, and was never absent till the judgment.
The applicant’s counsel urged the court to consider special circumstances in granting bail to the convict.
Responding, the state counsel, Mrs Omowunmi Bajulaye-Bishi, told the court that the applicant’s counsel has failed to establish the special circumstances as laid down in ACJL.
She prayed the court to refuse the application and allow the convict to continue his sentence as prescribed by the court.
After listening to their submissions, Justice Taiwo adjourned to September 19 for a ruling.