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.

Muazam Nayaya     Abdulmumini Jawondo     Azeez Bello     LABTOP     Gbenga Adebayo     Baba Idris     A.E. Afolabi     AbdulGafar Tosho     Gambari     TESCOM     Christopher Tunji Ayeni     Mike Omotosho     Samuel Olusegun Adedayo     Isiaka Rafiu Mope     Al-Adaby     Suwa-Arabs     Ajibike Katibi     Oniwa     Arandun     Bola Sagaya     Ilorin     Valsolar Consortium     Mohammed Yahaya Barki     Islamic Development Bank     Umar Sanda Yusuf     Haliru Dantoro     Dapo Teni Nig Enterprise     Plat Technologies Limited     YAKOOYO     Ilofa     Isiaka Gold     Suraj Tunji Oyewale     CLAY POT     Alapansapa     Yusuf Babatunde Abdulwahab     Ali Ahmad     Abdulsalam A. Yusuf     Salau Kabiru Abdullahi     Senate Presidency     Kehinde Baale     Olaitan Adefila     Gafaru Olayiwola Olorisade     Aisha Abodunrin Ibrahim     Mazars Consulting     Oasis Muslim Care Foundation     Abdulraheem Yusuf     Micheal Imodu-Ganmo Road     Oniyangi     Kassim Babamale     Kulende-UITH     Olateju Lukman     Oju Ekun Sarumi     Vishvas KOZ Tractors     Siddiq Adebayo Idowu Salawu     Ojuekun     Jimoh Akani     SGBN     Senior Special Assistant On Student Affairs     Innocent Okoye     Sheriff Shagaya     Muftau Akanbi Oke     Lotus Bank     Seni Saraki     Lithium Deposit     Kayode Ishola     Abdulrahman Abdulrazak     Nurudeen Muhammed     Elerin Of Adanla     Mope Dasuki Belgore     Government High School (GHS), Adeta     Abiodun Jacob Ajiboye     Dasuki Belgore     NTA Ilorin     Mashood Abdulrafiu Agboola     Ilorin Water Reticulation     Kolawole Bashirat     Ahman Pategi University    

Cloud Tag: What's trending

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

Iponrin     Aliyu Adebayo     Oko     Just Law Forum     Abiodun Jacob Ajiboye     Kumbi Titiloye     Babatunde Ajeigbe     Offorjama     Saidu Kawu     Ilorin Amusement Park     NULGE     Kwarareports     S.O. Opowoye     Tunde Kazeem     PPS     Ibrahim Sulu Gambari     Sa\'ad Alanamu     Elerin Of Erin-Ile     Jeunkunu-Malete-Bani     Femi Ogunsola     Jimoh Lambe Abdulkareem     Garba Dogo     Afonja     Bond     Jamiu Oyawoye     Mohammed Halidu     Kwara State Fire Service     Sheriff Shagaya     Kaosarah Adeyi     Clement Yomi Adeboye     Solomon Edojah     Oniye     Salami Adekunle     Abdulmumin Yinka Ajia     Olabode Towoju     Idofin     Senior Special Assistant On Student Affairs     Hikmah AbdulKareem     Abatemi Usman     Yusuf Olaolu Ali     Islamiya Abdulraheem     Jamila Bio Ibrahim     Olatunde Michaels     Akanji     Sabi     Apata Ajele Secondary School     Abdulrasheed Na\'Allah     Dankaka     Joseph Daudu     Olusola Saraki     Moses Salami     Mahmud Babatunde Baker     National Broadcasting Commission     Yusuf Abdulwahab     Ilorin Like-Minds     Sobi FM     Bolakale Kawu Agaka     Hauwa Nuru     Ajia-Bako     Nigeria Customs Service     Sulyman Atolagbe Alege     Olajumoke Monsura Gafar     YAKOOYO     Rachael Obisesan     GANZY     Fola Consultant     Adesina Simon Sodiya     Aliyu Muhammed     Olayinka Are     Aro Yahaya     Tunji Ajanaku     John Mayokun Dada     Toyin Falola     Lai Gobir     Mope Dasuki Belgore     Abdullahi Saadudeen Alikinla     JAMB