December 23, (THEWILL) – In December 2010, Justice Sakariyah Oyejide Falola (now retired) of the Okuku Division of the Osun High Court sentenced two teenagers Segun Olowookere and Morakinyo Sunday to death by hanging for stealing chickens.
The thieves 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.”
The section reads, “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 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.”
According to a national newspaper, (not THEWILL) 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.
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 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.
THEWILL Investigation showed there was no available evidence that the convicts had any legal representation throughout the case.
Granted that the accused committed the offence as alleged, it is still generally believed that the judgement was a bit too harsh, especially as they were minors. Handing out a death sentence to the accused who had not turned 18 as of the time of judgement in their case seems like attempting to kill a fly with a sledge hammer.
The law prescribes a punishment of 21 years imprisonment if an offender commits robbery without using a firearm or threatening violence. In Olowokere and Sunday’s case, it is not established that the Dane gun and cutlass found with them were used in the course of robbing Mr Tope Balogun. There was not even an indication that they made physical contact with the aggrieved.
Now having spent 10 years on death-row waiting for the hangman, Olowokere and Sunday face an imminent State pardon, thanks to Governor Ademola Adeleke of Osun State for his timely intervention and determination to ensure that is justice prevails in the matter.
