Popular Yoruba actor, Omiyinka Olanrewaju otherwise known as Baba Ijesha has been arraigned before a Lagos Magistrate Court sitting in Yaba over alleged sexual assault and abuse of a minor.
He was arraigned on charges bordering on alleged 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 preferred against him by the police.
The prosecutor , S.A Adebesin told the court that an information had been filed before the High Court on the matter by the state prosecution.
Following the submission, the counsel to the defendant, Kayode Olabiran made a fresh application for bail of Mr Olanrewaju.
Counsel to the defendant, Olabiran urged the Magistrate to grant the defendant bail on compassionate ground, and base on health ground.
“We are applying for bail on a compassionate ground and in the interest of justice,” he said.
Mobolaji Owoebute-Okedeji, a counsel from the Directorate of Public Prosecution (DPP) opposed the bail.
“The matter has already been filed at the High Court,” he said, giving reason for his opposition.
Magistrate Nwaka said he cannot grant the defendant bail because there are indications that the case will commence at the High court.
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 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,” the magistrate said.
Nwaka thereafter adjourned the matter till July 13 for mention.
