Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, on Monday urged the Governor of Osun State, Ademola Adeleke, to pardon Morakinyo Sunday, who was convicted alongside Segun Olowokere, an Osun resident sentenced to death over the theft of fowls.
It was reported that Olowokere was arrested in November 2010 alongside Sunday in Oyan, Odo-Otin Local Government Area of Osun State. The duo was accused of robbing a policeman, Tope Balogun, attached to the Divisional Police Headquarters, Okuku, of two fowls and eggs.
On January 30, 2013, they were arraigned before Justice Jide Falola of the Osun State High Court in Ikirun on charges of robbery and stealing.
According to the prosecution, Olowokere and Sunday conspired in November 2010 to rob Oguntade Faramade of fowls and eggs worth N20,000.
They were also accused of robbing Balogun Taye of two mobile phones and attempting to rob another victim, Alhaja Umani Oyewo, in her residence.
Additionally, the charge sheet stated that the duo, armed with cutlasses and a Dane gun, robbed one Elizabeth Dare of a gallon of vegetable oil.
Both defendants pleaded not guilty to the charges. However, Olowokere reportedly made a confessional statement to the police admitting to the crime.
On December 17, 2014, Justice Falola convicted Olowokere and Sunday, sentencing them to death for conspiracy to commit armed robbery, life imprisonment for robbery, and three years imprisonment for stealing.
In a statement on Monday, Falana said: “In April 2010, the Osun State Police Command arrested six young persons for armed robbery. Four defendants—Dare Sunday (15), Adedeji Samuel (15), Ojo Dare (16), and Adeyemo Akeem (14)—were released for undisclosed reasons.
“However, Segun Olowokere and Morakinyo Sunday were eventually arraigned in October 2012 on eight counts of armed robbery. During the trial, the police informed the court that the other four defendants had jumped bail, yet no evidence was provided to show they were declared wanted.
“The defence counsel argued that the second defendant, Morakinyo Sunday, was non compos mentis. However, the trial judge dismissed the insanity claim and proceeded with the trial.”
Falana further noted that Governor Adeleke recently pardoned Olowokere, who has since been released from prison. However, his co-defendant, Sunday, remains in a condemned cell at the Kirikiri Maximum Correctional Centre.
Falana added: “Since Segun Olowokere and Morakinyo Sunday were convicted of the same offence and sentenced to death, the law requires equal treatment. Section 42 of the Nigerian Constitution prohibits any form of discriminatory treatment of citizens. We, therefore, urge Governor Adeleke to exercise his prerogative of mercy by granting a pardon to Morakinyo Sunday as soon as possible.”
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