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.

Tunde Mukaila Mustapha     Jimoh Lambe Abdulkareem     Jaiz Bank     CLAY POT     Abubakar Imam     Ilorin International Airport     Bashir Adigun     Issa Memunat Moyosore     Sam Okaula     GGDSS Pakata     Amos Justus Sayo     Kola Olota     Iyabo Adewuyi     Yakub Lai Gobir     Muslim Stakeholders Of Kwara State     Umar Ahmed Gunu     Sa\'ad Alanamu     Ekiti     Babatunde Idiagbon     Facemasks     Sobi Hill     Freshvine Nigeria Limited     Wasiu Odewale     Abdulrazaq Aiyelabegan     Musa Alhassan Buge     Law School Scholarship     Aremu Odolaye     Government High School Adeta     Nigeria Customs Service     Owo Isowo     Bayo Lawal     Christopher Tunji Ayeni     Christian Association Of Nigeria     Mahmud Babatunde Baker     Overland     Valsolar Consortium     Rapheal Ashaolu     Javed Khan     Ayinde Oki     Afonja Descendants Union     Jamila Bio Ibrahim     Sulu Babaita Isiaka     Busari Alabi Alausa     Suleiman Mora Omar     Maimunat Oniyangi     Afin Descendants Union Of Odo-Owa     Mary Kemi Adeosun     Madawaki     Damilola Yusuf     Oluranti Idowu     Aisha Gobir     Kpotum Mohammed Baba     Mohammed Haruna     John Olajide Adedipe     Minister     Opolo Global Innovation Limited     Babaita     Titus Suberu-Ajibola     Abdulrahman Abdulrasak     JSSCE     Elerin Of Adanla Irese     Abdulmumini AbdulRazaq     Modupe Oluwole     Alagbado     Abdulrazaq Akorede     Olateju Lukman     Okala Baba     Mopelola Abdulmaliq-Bashir     Government House     Amusement Park     Oluwatoyin Lukman     Bureau Of Lands     Oba Abdulrahim     Oladimeji Thompson     Abdullahi AbdulMajeed     Okin Biscuit     Tafida Of Ilorin    

Cloud Tag: What's trending

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

Alabi Lawal     Saka Saadu     Abdulrahman Onikijipa     Lukman Adeloyin     Police Commissioner     Abdulraheem Olesin     Yinka Aluko     Olaoye B. Felix     George Funsho Adebayo     College Of Arabic And Islamic Legal Studies     Wale Oladepo     Kale Belgore     Amusa Bello     Hydroelectric Power Producing Areas Development Commission     Bibire Ajape     Mohammed Ajia Ibrahim     Amule     Issa Manzuma     Ifelodun     Ishak Mohammed Sabi     EndSARS     Umar Ayinla Saro     Okiki     Ajase-Ipo     Ope Saraki     SSA Youth Engagement     Kola Olota     Flights To Ilorin     Emir Of Lafiagi     Ibrahim Abiodun     Tunde Akanbi     Mutawali     Sardauna Of Ilorin     Tunji Olawuyi     Kwara University Of Education     Bature Bello     Opaleke Bukola Iyabo     Azeez Bello     Abubakar Baba     Barakat Community Secondary School     Voices Of Tomorrow     Abdulahi Abubakar Bata     Ahmad Belgore     Funke Adedoyin     Abdullah Janet Amudat     Tunji Moronfoye     Halidu Danbaba     Abdul Jimoh Mohammed     Jimoh Akani     Overland     Jelili Yusuf     Isiaka Gold     Belgore     Saka Isau     Abdullahi Saadudeen Alikinla     Yaman     Bayo Ajia     Dunmade     Ibraheem Abdullateef     Bello Bature     Clement Yomi Adeboye     MINILS     Issa Oloruntogun     Charles Ibitoye     Abiodun Musa Aibinu     Hussein Olokooba     Ajasse-Ipo     Law School Scholarship     Ado Bayero     Isa Aremu     Sulaiman Gado     General Hospital, Ilorin     Kolade Solagberu     Mahee Abdulkadir     Odolaye Aremu     Farouk Salim     Yunus Oniboki