The Lagos State Police Command is set to release actor and comedian Olanrewaju Omiyinka, alias Baba Ijesha, one week after he was arrested for allegedly defiling a 14-year-old girl.
Police spokesman Olumuyiwa Adejobi had said in a statement on Thursday last week that the suspect “confessed to the crime and was also captured by a CCTV camera in the house of the complainant.”
Comedienne Damilola Adekoya, popularly known as Princess, confirmed on Wednesday, April 28 that the alleged victim is one of six children kept in her care.
According to her, Baba Ijesha, 48, assaulted the teenager twice when she was seven and again on the day of his arrest.
A police source, however, told PUNCH that the ongoing strike by the Judicial Staff Union of Nigeria (JUSUN) has prevented the matter from going to court and the suspect cannot be detained indefinitely without trial.
The source added that investigation into the allegation against Baba Ijesha revealed that there was no defilement, adding that when questioned, the victim confirmed the same.
“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 statute-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.
“So, 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.
“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 apologised, and the girl confirmed the same,” the source was quoted as saying.
The source said that despite granting Baba Ijesha bail, the police would continue investigation into the matter.
“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,” the source added.
Lagos State Commissioner of Police Hakeem Odumosu had, according to Adejobi’s statement last week, promised to do justice in the matter.