Appeal Court Upholds Death Sentence

Date: 2006-01-11

Attempt by the duo of Bayo Ajia and Olayinka Are, both arch supporters of former Governor Muhammad Lawal of Kwara State to escape from the hangman"s noose received a jolt as the Appeal Court has upheld the death sentence passed last year on them by a High Court of Justice in the state.

Accused of murdering Abdul Yekini Gobir and Abdul Ganiyu Hussein at a night party at Deens Motel, Ilorin the lower court with Justice Jopseph Fola Gbadeyan had found the two accused persons guilty and pronounced death sentence on them or in the alternative receive the amnesty of the state governor, Bukola Saraki.

The duo were said to have invaded the venue of the party in unmarked cars and after dispersing the crowd shot the two men to death allegedly for being supporters of the former governor"s political opponents and ensured that they were dead before taking leave of them.

Ajia and Are had been charged for criminal conspiracy and culpable homicide which led to the death of Gobir and Hussein at a wedding party at Deens Motel along Western Reservoir Road, Ilorin on June 30,2002. 

Apparently dissatisfied with the judgment, the two had approached the Appeal Court for a review but in a unanimous decision, the appellate court threw out their prayers and instead upheld the decision of the lower court on the matter. 

The appeal court decision, read by Justice John Ikomgbeh said the defence of alibi raised by the two accused persons could not be sustained and that the evidence of the two prosecution witnesses had in no way been faulted while the brother of the slain Gobir who was the PW1 during the trial in particular could not be treated as a tainted witness as demanded by the appellants.
The appeal court also said the trial judge treated all the evidences adduced before it by both parties with caution and there were no reasons to uphold the appellants" position on the matter. 

Ikomgbeh was supported by his brother judges, Justice Muhammad Coomasie and Justice Tojani Abdullahgi in the decision.

At the trial court, Justice Gbadeyan had said the court was convinced by the arguments of prosecution that the accused were responsible for the death of AbdulYekin Gobir and Abdul Ganiyu Hussein on June 30,2002.and convicted them of criminal conspiracy and
culpable homicide punishable with death, contrary to Sections 221 and 97 of the Penal Code.

"I see them as first offenders as there is no record against them, but this first time is too serious" the judge had said after he had listened to the plea of allocutus by defence counsel Hussein Buhari who wanted the maximum punishment reduced to imprisonment.

The court said further: "The court will be failing in its duty if it allows fanciful defences to prevail in matters like this. Punishments are prescribed to be imposed. These are young people, I cannot say they
are misguided. I se them as first offenders but this first time is too serious. Hence the law has to take its course. The two convicts are sentenced to death.

They are to be hanged until they be dead and may God have mercy on their souls."

While the prosecution called three witnesses; the brother of one of the slain and the two policemen who handled the case, the defence called two witnesses. 
The accused persons also gave testimony for themselves in which they denied involvement in the crime.

The judge stated that the onus of criminal cases rests on the prosecution and citing several resolved cases, added that the ingredients of the offence must be proved to secure conviction. These conditions, he
noted were met by the prosecution as he also noted that the defence counsel did not controvert the eyewitness accounts of PW1 with the alibi of his clients 

On the first charge of criminal conspiracy preferred against the accused, the lower court judge said that the burden is on the prosecution to prove the rudimentary nature of the offences with the marriage of the mind of the accused and the ingredients of their complicity. 

He said: "It is certain that there was a night party and that the accused persons carried guns and fired shots. I find the testimony of PW1 credible and since there was no effort to controvert his testimony, I
find it to be truthful."

On the second charge of culpable homicide, the judge upheld the prosecution"s submissions that the actions of the accused were responsible for the death of the deceased. He held that the defence of alibi by the accused was not worthy of any credibility.

"It has been established beyond reasonable doubt that the actions of the accused persons caused the death of these two people. The gunshots could not be said to be accidental discharges. They were intentional and well directed."

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Mahe Abdulkadir     Falokun-Oja     Bayo Onimago     Ibrahim Abdulqadir Abikan     Simeon Ajibola     Riskat Opakunle     Hakeem Idris     Yeketi     Ajike People Support Centre     Alaro     Ileloke     Olajumoke Monsura Gafar     Idofin     Lai Mohammed     Simon Sayomi     AGILE Programme     Quarry Royal Valley     Kwara State Infrastructure Development Fund     Emir Of Lafiagi     Muhammed Akanbi     Alabi Lawal     Jawondo     Muslimah Entrepreneurship Forum     Aliyu Kora-Sabi     Awodun     Shettima     Dan Masanin     Wahab Femi Agbaje     Emir Of Yashikira     Ahmad Olanrewaju Belgore     Abdulmumini Sanni Jawondo     Pius Abioje     Shehu Alimi Foundation For Peace And Development     Jare Olatundun     Salihu S. Yaru     Justina Oha     AbdulRazaq Jiddah     Local Government Pension Board     Awili Pedro     National Pilot     Dan-Kazeem     Kwara State Television (KWTV)     Shonga     Standard Organization Of Nigeria     Mohammed Alabi Lawal     Share/Tsaragi     Trade Lenda SME Fair     CKNG     Road Transport Employers Association Of Nigeria     Offorjama     Fulani     Abegunde Goke     Wahab Kunle Shittu     Special Agro-industrial Processing Zone     KWASEIC     Sheikh Ariyibi     Waziri Yakubu Gobir     Amasa     Muhammad Fawaz Abubakar     Oluwarotimi Boluwatife Adenike     Osinbajo     Islamic Development Bank     Eleja     Abdulmajeed Abdullahi     AbdulRazaq Abubakar Jiddah     Mopelola Abdulmaliq-Bashir     Sodiya     Mustapha Olanipekun     Abdulwaheed Musa     Prince Mahe Abdulkadir     ASMAU PLAZA     Abubakar Baba Sulaiman     Kwara Hotel     Esinrogunjo     Aliyu Salihu     Adedipe     Kayode Ishola    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Patigi Regatta     Omotoso Musa     Sabi     Aro Yahaya     IESA     Madawaki Of Ilorin     Eghe Igbinehin     Kwara State Governor     Bashirat Bola Bello     Ajasse-Ipo     Paul Olawoore     CCT     Magaji Nda     Halidu Danbaba     Haliru Dantoro     Babaita     LABTOP     Jamila Bio Ibrahim     Alabe     Kwara Polytechnic     Federal Polytechnic Offa     Special Adviser On Digital Innovation     Yashikira     Olupako Of Share     Sobi Specialist Hospital     Mustapha Olanipekun     Oya State     Arinola Lawal     Bamidele Adegoke Oladimeji     Adamu Ibrahim Sabi     Awili Pedro     Okin Biscuit     Elerin Of Erin-Ile     Ita-Ore     Adam Abdullahi Al-Ilory     Sarkin Malamai     Theophilus Oyebiyi     Hijab     Volunteers Of Ilorin Community And The Emirate     GRA     Ilorin Innovation Hub     Falokun-Oja     Ayobami Akanbi     Ibrahim Kayode Adeyemi     Issa Baba     Chemiroy Nigeria Limited     Clara Nwachukwu     Abdulmalik Bashir Mopelola Risikatullahi     Abdulahi Abubakar Bata     Suleiman Idris     Haashim Initiative For Community Advancement     Nigerian Medical Association     Kayode Bankole     Abdulmajeed Abdullahi     CCEPE     Ali Ahmad     Dauda Adeniran Adeshola     Minister     Abdulrahman Abdulrazaq     Babajide Ajayi     Gurei     Gwanara     ER-KANG Mining     Paul Odama     Azeez Salawu     07039448763     Orisa Bridge     Sango-UITH Road     Oluronke Adeyemi     Abdulrazaq Sanni     David Oyepinola Adedumoye     Ibrahim Taiwo     Oba Abdulrahim     Buari Edun     Gbugbu     Kwara     Oyin-Zubair