General disbelief followed Osun Governor Ademola Adeleke’s decision to pardon a man who had been on death row for stealing poultry birds ten years ago. The majority of comments between Tuesday and Wednesday questioned the fairness of the initial sentencing.
Justice Sakariyah Oyejide Falola, who was compulsorily retired by the National Judicial Council (NJC) in 2023, sentenced Segun Olowookere and Morakinyo Sunday to death by hanging in December 2010 for stealing fowls in Osun.
They were charged with conspiracy, robbery and stealing, offences that were contrary to Section 6(b) and 1(2)(a) of the Robbery and Firearm (Special Provisions) Act, cap R 11 Laws of Federation of Nigeria 2004 and Section (390)(1) Criminal Code Law, Cap 34, Laws of Osun State, 2002.
Under Section 2 (a) (b) of the Robbery and Firearm (Special Provisions) Act, the punishment for robbery is death by “hanging” or “firing squad”.
“2 (a) any offender mentioned in subsection (1) of this section is armed with any firearms or any offensive weapon or is in company with any person so armed; or (b) at or immediately before or immediately after the time of the robbery the said offender wounds or uses any personal violence to any person, he offender shall be liable upon conviction under this Act to be sentenced to death,” the section reads.
“(3) The sentence of death imposed under this section may be executed by hanging the offender by the neck till he be(sic) dead or by causing such offender to suffer death by firing squad as the governor may direct.”
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Olowookere and Sunday were found to have broken into the residence of Balogun Tope, a police officer in Okuku, Osun State, and stolen some of his properties, according to Vanguard.
With six witnesses, Osun Solicitor General Abiola Adewemimo led the prosecution to inform the court that Olowookere (then 17 years old) and Sunday were seen around the officer’s building on November 13, 2010, with a cutlass and a Dane gun.
The prosecution also stated that the convicts had confessed that it was not the first time they would steal fowls belonging to the complainant.
“They also stated that they had earlier robbed Alhaja Umani Oyewo in her house and stole broilers, eggs and kegs of vegetable oil from the house,” Adewemimo told the court.
Based on Adewemimo’s submission, Falola, then sitting judge at the Okuku Division of the Osun High Court, convicted the two men as follows: death sentence for conspiracy; life sentence for robbery; and three years imprisonment for stealing.
Considering the fact that they were minors, Falola then recommended that the state governor could use his prerogative to commute the death sentence to 10 years imprisonment.
FIJ saw no publicly available evidence that the convicts had any legal representation throughout the case.
IMMINENT PARDON
Olowookere’s parents insisted that their child did not commit the offence for which he was convicted. Their appeal for his release has attracted huge public interest, informing Governor Ademola Adeleke to consider an official pardon for Olowookere.
Olanrewaju and Folashade, Olowookere’s father and mother, were interviewed by Biola Adebayo, an actress, on Tuesday. They narrated that an unnamed police boss requested N30,000 to free their son, but they could not raise that amount at the time.
“We are here to beg Nigerians to help us. In 2010, I was at the shop where I was renting out cassettes, and at about 11 am, some police officers came around,” Olanrewaju said.
“We later found out some students from Segun’s school were in their vehicle and they said they were arrested because of the theft of a chicken and eggs. Truth be told, Segun does not eat chicken. Because I trained broilers. He refused to run away, telling us that he didn’t know anything about the theft of the chicken.
“They came back around 9 pm in the night and he was eventually arrested. It was when I visited the station that I knew who owned the chicken and eggs. He was just like a brother to me. I was told by the DPO in charge to bring N30,000 so my son could be released but after running around, all I could raise was N20,000 which he refused to collect.”
There now seems to be freedom on the way for Olowookere as Adeleke announced he had directed Osun’s attorney general and commissioner for justice to initiate the process of granting him pardon.
I have received the report of a case of a young man reportedly sentenced to death by hanging in Osun State for stealing a fowl. Consequently, I have directed the Attorney- General and Commissioner for Justice, Osun State to commence full investigation into the matter and…— Gov Ademola Adeleke (@AAdeleke_01) December 17, 2024
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“I have received the report of a case of a young man reportedly sentenced to death by hanging in Osun State for stealing a fowl,” the governor wrote.
“Consequently, I have directed the Attorney General and Commissioner for Justice, Osun State to commence full investigation into the matter and initiate processes to grant prerogative of mercy to the young man. Osun is a land of justice and equity and must ensure fairness and protection of the sanctity of lives.
“I assure members of the public that this matter is receiving my direct attention with every sense of urgency also attached to our response to the matter.”
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