Embattled Nollywood actor, Olanrewaju Omiyinka, aka Baba Ijesha, who has been accused of allegedly defiling a minor, was arraigned before the Lagos State Magistrate Court in Yaba on Wednesday.
The PUNCH had reported how a closed-circuit television installed in the victim’s home captured Omiyinka allegedly molesting the victim while her foster mother was not at home.
It was learnt that the victim’s mother, who had been suspecting that her daughter was being sexually abused, installed the CCTV to uncover the perpetrator.
The PUNCH gathered that the victim’s mother monitored the situation in her home on her phone and to her dismay, she saw Omiyinka allegedly conducting himself in a suspicious manner around her daughter.
Omiyinka was, however, arrested by the police and granted bail on May 17 in a special court session arranged during the strike by the Judiciary Workers Union of Nigeria but he was unable to meet the conditions of the bail granted to him and he had remained in custody.
Upon the resumption of the judiciary workers, the actor was arraigned before Magistrate Peter Nwaka on charges bordering on rape, sexual assault and abuse of a minor.
He was charged with indecent treatment of a child, defilement of a child, sexual assault by penetration, attempted sexual assault by penetration and sexual assault – which contravenes Sections 135, 137, 261, 202, 262 and 263 of the Lagos State Criminal Law 2015.
He pleaded not guilty to the charges.
Following his plea, the prosecutor, S.A Adebesin, informed the court that information had been filed before the high court in the state.
Responding Omiyinka’s lawyer, Kayode Olabiran, made a fresh application for bail on behalf of his client.
Magistrate Nwaka, however, refused the fresh bail application on the ground that the Lagos State Ministry of Justice had filed charges before a high court and ordered that the defendant be given medical attention as he was looking pale when he appeared before the court.
He said, “This is a situation of lack of jurisdiction because once a case is filed at an upper court, the lower court, being the magistrate in this case, ceases to have jurisdiction over the same matter. I have carefully considered the application of the counsel to the defendant seeking bail for the defendant and the opposition by the counsel from the DPP.
“Since there are indications that the matter is before the high court and the defendant will appear before the court, no bail can be given. The defendant must be accorded full medical attention by the authorities pending his arraignment at the high court.”
Magistrate Nwaka adjourned the matter till July 13 for mention.
Copyright PUNCH.
