•Mrs Folashade
Controversy has trailed the recent conviction of Segun Olowookere, whose parents, Olarewaju and Folashade, are kicking over his sentence to death by hanging for stealing a fowl. Our correspondent, who obtained a copy of the judgment delivered on December 17, examines the controversy, reports The Nation.
On January 30, 2013, Segun Olowokere, then a 22-year-old, and 21-year-old Sunday Morakinyo were dragged before the Osun State High Court, Ikirun before Justice Sakariyah Falola on eight counts charge in suit number HKK/2C/2012.
They pleaded not guilty to the charges of conspiracy, armed robbery and stealing pressed against them by the State Counsel, Barrister Biola Adewemimo.
According to the charge, the two convicts who conspired in November 2010 to rob one Mr Oguntade Faramade of his fowls and eggs worth N20,000 also robbed Balogun Taye of his two mobile phones and attempted to rob another Alhaja Umani Oyewo in her house.
It was also stated that they robbed Elizabeth Dare of a gallon of vegetable oil, using cutlasses and a Dane gun. They were also said to have robbed one Balogun Taye of N5,000, mobile phones and fowls.
The prosecution counsel also disclosed that they stole fowls worth N30,000. It was noted that they committed the crime in Oyan community in Okuku Local Government area of Osun State between April and November 2010.
Six witnesses testified against them for robbery and stealing as the prosecution counsel tendered 11 exhibits, which includes four cutlasses recovered from the convicts, one female head net used as face cover, one Dane gun, two DVD players admitted and four kegs of vegetable oil and confessional statements which were all admitted.
In his confessional statement, Olowookere, said: “In the evening of 10/10/2010 when the PDP wanted to do the primary election of councillors, one of my friends, Adepoju Siju, visited me at my home and told me that he wanted to visit his girlfriend, Tosin who is a daughter of one Alhaja.
“He said he would be sleeping in my house at night because I am the only one living in a six-bedroom flat.
“When it was 8 0′ clock in the night, my friend, Adepoju, called me on the phone. He said I should help him to call one Sunday and his group to my house for a business. I delivered the message to the boys and they followed me obediently to my house.
“On getting to my house, Adepoju told the boys that we were all going to guard one counsellor till the following morning.
“When it was midnight, Adepoju called all of us together and said that we were going to the house of Alhaja, the mother of his girlfriend, to rob her of a certain amount of money.
“He said Tosin, Alhaja’s daughter, would open the door for us when we got there because he had arranged with her.
“When it was exactly 12 midnight, we left my house.
“We went to Alhaja’s house as Siju Adepoju was armed with cutlass and others carried iron rod and sticks, but I did not hold anything. I went to the place empty-handed.”
During the trial, the victims of Olowookere, Morakinyo and five others which include Alhaja Oyewo, Elizabeth Dare, Oguntade Faramade and three policemen, namely Alaba Samson, Ogunniyi Emmanuel and Ilyasu Maruf, testified against them.
However, Barrister Ayo Omolosho who was the defence counsel, opposed to the prosecution, stating that they were not arrested at the scene of the crimes committed and that they failed to prove the case beyond reasonable doubt.
Olowookere and his father denied the crime as Morakinyo said he was mentally unfit to oppose the claims of the prosecution.
During the prosecution, the confessional statements by Olowokere, Morakinyo, Ojo Dare, Dare Sunday disclosed that one Adepoju Siju initiated them to commit the crime of armed robbery and stealing at the house of one Alhaja Oyewo and their other victims in the town.
Delivering his judgment, Justice Falola convicted them for conspiracy, robbery by firearms, armed robbery and stealing.
However, he dismissed count 2, 4, 5 and 7 against them, noting that the prosecution failed to prove the case beyond reasonable doubt.
He ordered that they were sentenced to death and life imprisonment for the crime of conspiracy to commit armed robbery, robbery with firearms.
He sentenced them to three years imprisonment for stealing.
However, Justice Falola recommended in his judgment that “In view of the age of the two convicts, it is hereby recommended to The Governor that if it may please him, he should commute the death sentence and life imprisonment to (say) 10 years.
“The medical officer in charge of the prison where the second convict, Morakinyo Sunday, is being kept is hereby ordered to investigate his level of insanity.
“If the convict shall be found to be insane and constitutes danger to fellow inmates and prison officials, he shall be transferred to and kept in an asylum where destitutes are kept. He shall remain there at the pleasure of the Governor.”
Amidst the controversy, Governor Ademola Adeleke, in a statement by his spokesperson, Olawale Rasheed, said the Governor had directed immediate investigation and pardon in the case of Olowookere.
But former Attorney-General of Oyo State, Mutalubi Adebayo, cautioned Governor Adeleke against his plan to free a robbery suspect.
Adebayo, in a statement, warned that “Governments at all levels and the general public should not allow bloggers and internet idlers to mislead them to unnecessarily harass, vilify and attack the judiciary through dissemination of half truths and outright lies.”
He said: “The report that the prisoner was convicted and sentenced to death for stealing a fowl is pure lie and cheap blackmail that was packaged with a view to secure freedom for the prisoner through the backdoor.
“It was a very fair trial and there was no appeal against the judgment since same was delivered about 14 years ago.
“It must be made clear that I am not disputing the right of any Governor or even the President to grant pardon to any convict as same is a constitutional provision.
“However, it is unconstitutional for any governor or president to investigate the circumstances under which any judge delivered his judgment and or the reason(s) and or propriety or otherwise of the judgment. The executive lacks such powers.
“It is a clear usurpation of the powers vested in the judiciary by the Constitution. It is always deeply traumatic whenever judges are being bullied and harassed on the internet for performing their lawful duties, more so when such attacks are premised on falsehood and rumours.”
“We must avoid exposing our Judges to dangers and risk of being attacked by criminals which can lead to loss of lives.
“Governor Ademola Adeleke of Osun has unlimited powers to set free the convict in question and any other convicts for that matter without any reason, but that unconstitutional investigation must be stopped forthwith.“
