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.

Mustapha Olanipekun     Amusement Park     Funmilayo Mohammed     Olayinka Oladapo Jogunola     Rotimi Oyedepo     Saka Abimbola Isau     Voices Of Tomorrow     Ilorin South Constituency     Kamaldeen Ajibade     Eghe Igbinehi     Aliyu Adebayo     Joseph Alex Offorjama     Crystal Corner Shops     UNILORIN Alumni     Oyeyemi Olasumbo Florence     Saka Isau     Opobiyi     Air Peace     Suleiman Idris     Countryside Emerging Leaders Fellowship     Saka Asiat Ayinke     Simon Sayomi     Abdullahi Saadudeen Alikinla     Ibraheem Adeola Katibi     Egbejila     Arinola Lawal     Yahaya Seriki     Amina El-Imam     IYA YUSUF     Borgu     Jimoh Saadudeen Muhammed     Bola Magaji     Okasanmi Ajayi     Fatimoh Lawal     Mopelola Abdulmaliq-Bashir     Hussein Oloyede     Haruna Tambiri Mohammed     Ibrahim Abdulqadir Abikan     JAAC     Ali Ahmad     Sheikh Alimi     Abubakar Aliagan     Mope Dasuki Belgore     Eleyele     Oyawoye     Muhammad Fawaz Abubakar     Adamu Attah     Mary Kemi Adeosun     Yusuf Abdulkadir     Ahmed Ayinla Jimoh     Eghe Igbinehin     Maryam Nurudeen     Yusuf Babatunde Abdulwahab     Okedare     Olumide Daniel Ibitoye     Sanusi Abubakar     Michael Ologundea     Alfa Modibbo Belgore     Ayodele Shittu     Saheed Akinwumi     Garuba Alikinla Shittu     Olateju Lukman     Budo-Egba     Abdulrahman Iliasu     NSCIA     Fatai Olodo     SARS     Saka Aleshinloye     Ita-Ore     Farouk Salim     Ajasse-Ipo     Www.Kwarareports.com     Modibbo Kawu     Reuben Paraje     Oasis Muslim Care Foundation     Oyelere Oyinloye     Yusuf A. Usman    

Cloud Tag: What's trending

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

Kwara Politics     Trade Lenda SME Fair     Sambo Murtala     College Of Education     AbdulGafar Tosho     Mahmud Babatunde Baker     Dairo Kunle Paul     Tafida     Igosun     Moronfoye     Kamaldeen Kehinde     Stephen Fasakin     Raliat AbdulRazaq     Kwara State Branch Of The National Library     March 18     Kola Shittu     SSUCOEN     Olumide Daniel Ibitoye     Quareeb     AbdulKareem Yusuf Danhawa     Sheriff Shagaya     Saliu Tunde Bello     Idris Garba     Ita-Ore     Ilesha-Baruba     Rafiu Ajakaye     COVID     Adolescent Girls Initiative For Learning And Empowerment     Kehinde Baale     David Adesina     UTME     Micheal Imodu-Ganmo Road     Awoye     Pius Abioje     Oyelere Oyinloye     Kwara 2023     Offa Poly     Gamji Members Association     CELF     Sa\'adu Salahu     Gobir Organization Foundation     Yahaya Dumoye     Ophthalmological Society Of Nigeria     Saadatu Modibbo-Kawu     Oko-Erin     SUBEB     Alfa Modibo Belgore     CCEPE     Kale Belgore     PPS     Ilorin International Airport     AbdulQowiy Olododo     Opolo Global Innovation Limited     Kisira     Bola Tinubu     Simeon Sayomi     Titus Ashaolu     Ayo Opadokun     Magaji Nda     Oba Abdulkadir La\'aro     Sherif Shagaya     Saeedat Aliyu     KWASIEC     Halidu Danbaba     Akeem Olatunji     Ahmed Alhasssan     Cornelius Adebayo     Sidikat Uthman Ajibola     Surajudeen Akanbi     Bello Bature     Maigida     Ramadan     Isiaka Oniwa     Obayomi Azeez     Abdulrahman Abdulrazaq     Yahya Mohammed     Javed Khan