₦airaland Forum

On Baba Ijesha trending 'saga' of 'rape' of a 7years old and molestation of that same girl at 14yrs.

Note that the offence of defilement is same as 'rape', the difference only lies in age of the victim. In my post, I shall use the word 'defile/defilement' because the victim was and still a child when the defilement and molestation took place.

I try as much as possible to distance myself from sex related issues or discussions because I consider it private. But when it comes to defilement of a child/minor, I get charged, infuriated, irritated, furious, enraged. The defilement of this innocent children is a social evil which we must collectively fight. Children should be allowed to be children, and we must protect them. But the law is the law, our sentiments holds no water and can not change the laws of our land.

Lots of sentiments is currently ongoing with divergent views especially on social media. We all forgot that there's a law which protects every citizen, irrespective of crime such person may have committed. The crime of molestation has been reported by the guardian of the young victim and the offender arrested already, we should allow the court to make a pronouncement. Everyone coming up with a verdict having no regards for the law of the land.

We lawyers don't entertain sentiments, we rather speak the law at it is(in its raw form). In this post, I wish to analyze without sentiments the probable outcome of the Baba Ijesha alleged defilement/molestation case.

I came across a confessional video of the offender online and the popular/social media opinion is that since the offender has confessed to the crime, that he(offender) shouldn't be released on bail. Haba mana!

IS BABA IJESHA'S OFFENCE A BAILABLE ONE?
YES! Baba Ijesha's crime is a bailable offence, and the police can not continue to hold him indefinitely. Moreover, our courts are on strike, meaning he (offender) can not be charged to court or prosecuted for now. Even where the crime committed is a grave one (eg murder), the police still have to apply to court before the offender can be further held for maximum of 96 hours or so. The public opinion doesn't matter, because the law is there to guide and direct us.

PURNISMENT FOR DEFILEMENT.
By virtue of Section. 137 of Criminal Law of Lagos State states and I quote: "Any person who has sexual intercourse with a child commits a felony and liable on conviction to imprisonment for life".

Section. 135 of same law on INDECENT TREATMENT OF A CHILD stated thus:
(i) Any person who unlawfully and I decently deals with a child commits a felony and is liable on conviction to imprisonment for Seven(7)years.
(ii)the term "deal with" includes doing any act which if done without consent would constitute an assault.

CAN BABA IJESHA BE PURNISHED FOR DEFILEMENT OF A MINOR, A CRIME HE COMMITTED 7YEARS AGO?

According to the law, he (offender) can no longer be prosecuted on the criminal act of defilement. Those clamoring for life imprisonment are only being ignorant of the law.

By virtue Law of Statute of Limitation, the maximum period or time to report the crime of rape or defilement is Two(2)months from date of the alleged offence. The law therefore forbids prosecutors from charging someone with a crime that was committed beyond the maximum specified period. In other words, the maximum period to report or prosecute a rape/defilement case by the victim or her parents/guardian (for a minor) is immediately the offence of rape/defilement was committed. It becomes statuted barred if not reported or prosecuted after two(2)months. This is to ensure that the conviction is based solely on evidences that has not deteriorate with time.

From the above stated law, it is clear that an offence(defilement) that was committed 7years ago and was unreported is already long statute barred unfortunately.

CAN BABA IJESHA RETRACT HIS PLEA/ADMITTANCE(as seen in the viral video)?.
Yes! Even in court of law, an accused can retract or withdraw his confessional/ written statement.

For the molestation /assault, Baba Ijesha must be adequately punished and must serve the maximum punishment which according to Section. 135 of Criminal Law is CONVICTION TO IMPRISONMENT for SEVEN(7) YEARS.

We parents should be vigilant and must be there for our kids. Trust no one with your kids the way you wouldn't entrust your hard earn money with anyone. Our kids, our future. These kids have the right to enjoy their childhood, why do some mentally sick adults rob them of their inherent right?

School owners! please do watch out for this kids, we have entrusted them in your care while they are in school. We should always have it at the back of our minds that male children also get abused,molested and sexually abused.

Ki Olohun ma ba wa dabobo awon omo wa. May evil eys not see and evil person not meet our kids.

Olori Ganiyat Popoola-Afolabi

Ganiyat Popoola -Afolabi & Co is a law firm cum construction company. We help our clients to purchase free properties(not acquired nor committed lands) and we monitor from purchase to ensuring good of title to CofO(Agreements), construction from foundation to finishing.

We also manage properties, company incorporations(business names, Ltd companies), filling of annual returns etc.

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Law is divided into two: a) substantive, b) adjectives law.
Substantive law deals with definitions of rights, duties and liabilities of persons, while adjectives law consists of rules that regulates those rights, duties and liabilities are enforced and defended in proceedings.