The leadership of the Osun State Judiciary has defended and justified the death by hanging sentence passed on a young man, Olowookere Segun who was convicted for robbing a fowl while being armed.
Governor of the state, Ademola Adeleke, had waded into the matter after about ten years that the judgement was handed down by one of the High Court of Justice in the state, and granted the convict pardon.
Adeleke was moved to invoke his constitutional prerogative of mercy on the convict following outcries by his parents who claimed that the sentence was a miscarriage of justice and that their son was innocent of the crime of armed robbery of fowl slammed against him and one other.
Reacting to the backlash and controversies that the sentence have generated, the Osun State Judiciary, frowned against what it termed as distortion of facts from members of the public and denigration of the trial judge, retired Justice Olajide Falola.
A statement titled: “Setting The Record Straight,” dated December 20 and signed by the Chief Registrar of the state judiciary, F. I. Omisade, justified the death penalty, saying the court acted in accordance with the constitution that spells out death sentence for convicted armed robbers.
The Chief Registrar posited that Segun was 19 years old as against 17 years of age that was reported, adding that his co-convict was aged 18.
The statement sighted by The Point reads, “Our attention has been drawn to the News making the rounds about a young man, Olowookere Segun who was sentenced to death on 17th December, 2014 by an Osun State High Court, Ikirun Judicial Division presided over by His Lordship, Hon. Justice S.O. Falola.
“The facts of the case have been distorted and maliciously misrepresented to the generality of the people. What has been laid before the public domain is that this boy was convicted and sentenced to death for stealing one fowl.
“The purveyors of this falsehood are mischief makers and they have exposed their abysmal level of intellectual bankruptcy.
“An educated person does not need to be a Lawyer before being well informed to know as a fact that a person cannot be sentenced to death for stealing a fowl, not even one billion naira without being armed at the time of committing the crime.
“A person charged with armed robbery is mandatorily sentenced by the trial Judge to death by hanging once the defendant or accused person was proved and adjudged to be armed with a lethal weapon at the time of committing the offence. The punishment prescribed by the law is for the Defendant or accused person to be sentenced to death by hanging.
“Having elucidated the law regarding the punishment prescribed for armed robbery, it is apposite to throw some light on the case of this particular boy.”
Revealing the succinct fact of the case, Omisade said, “The boy, Olowookere Segun and one other person, Morakinyo Sunday were going about in Oyan town and its neighbourhood robbing innocent and unsuspecting people at gunpoint.
“Luck ran out on them in April, 2010 when they were caught in action while robbing a poultry. Arms were recovered from them. They equally confessed to committing several armed robberies.
“They were charged before the High Court of Justice, Ikirun Judicial Division presided over then by Hon. Justice S.O. Falola. After a full trial which lasted from 11th February, 2013 to 17th December, 2014 they were found guilty and convicted of armed robbery.
“As earlier said, once their guilt had been proved and they had been convicted, the trial Judge had no discretion other than to impose the death sentence mandatorily prescribed by the law for the offence of armed robbery.
“The said Olowookere Segun, the first accused person in suit No. HKK/2/2012 being of 17 years old at the time of the trial which has been blown out of proportion is nothing but nauseating falsehood. He was infact 19 years old at the time he was arrested and made to stand trial. His extra judicial statement and the information upon which they were tried attest to this. The second accused person, Morakinyo Sunday was 18 years as at that time.
“What is more, his age or that of the second accused person was never an issue before the court at any stage of the trial. It is, therefore, a desperate design to whip up underserved sentiment. The entire scenario woven around this case has been skewed to malign the personality of the trial Judge and denigrate the Osun State High Court as an institution.
“The trial Judge, in His Lordship’s characteristic magnanimity, large heart and fatherly disposition did what the law prescribed and went further to recommend them for mercy of the Governor.
“All itinerant commentators should always note that justice is not a one-way traffic. It is a time hallowed saying in legal parlance that justice is for the accused; for the victim of the crime, and for the society at large.
“It is presumptuous to wake up one day and contrive a means of denigrating the personality of Honourable Judge, mudsling and disparaging the State Judiciary, the hallowed chambers of justice.”
