By Hezekiah Olujobi, CJMR
Wrongful convictions are a significant global issue with serious consequences for individuals, families, and society as a whole. When someone is wrongfully convicted, it means that an innocent person has been found guilty of a crime they did not commit.
This can occur due to various reasons, including errors in the criminal justice system, misconduct by law enforcement or prosecutors, mistaken eyewitness identification, false confessions, and inadequate legal representation.
The consequences of wrongful convictions are far-reaching and can have devastating effects. Innocent individuals may spend years, or even decades, in prison for crimes they did not commit, resulting in the loss of freedom, damage to their reputation, emotional trauma, and the loss of relationships with family and friends.
Additionally, the true perpetrators of the crimes remain free, posing a continued threat to society.
Without advocacy groups dedicated to addressing wrongful convictions, these injustices may go unnoticed and unaddressed.
In 2023, the Centre for Justice, Mercy, and Reconciliation (CJMR) presented a case to the Ogun State Governor, Prince Dapo Abiodun, involving two individuals who were wrongly sentenced to death for a murder case. The real perpetrators of the crime confessed to the CJMR, leading to the release of the innocent individuals after 24 years of wrongful imprisonment.
In this case, the CJMR conducted a thorough review to determine the veracity of the accused person’s claims.
The analysis and review revealed an injustice against a junior police officer serving in Ikire Police division in Osun State by a senior police officer serving in Ibadan Oyo State. The Police officer who is a native of Ikire was traveling home for Sallah festival and he ran towards a lone armed robber who jumped on the road and robbed him of his 4,500. In this review.
Pastor Hezekiah Deboboye Olujobi the Executive Director for the Centre for Justice Mercy & Reconciliation
shed more light on the possible innocence of Mr. Victor Akpoyibo. Follow us to learn more and judge for yourself whether Victor Akpoyibo deserves to remain in prison for the next 24 hours.
The timeline of events leading to Victor Akpoyibo’s arrest for armed robbery is as follows:
1. On 25/11/2001, during the Sallah festival, a senior police officer named Folorunsho Adisa was robbed at gunpoint on Apomu High way road while traveling to Ikire.
2. The victim, PW1, also a police officer an inspector by rank lodged a complaint at Apomu Police station after being robbed of 4,500 Naira.
3. PW1 proceeded to Ikire Police station to file a similar report and inquired about missing arms, suspecting a police officer was involved in the robbery whereas he did not claim he saw the armed robber in Police Uniform rather in a mufti Khaki.
4. While in Ikire town, PW1 encountered Victor Akpoyibo at Sango Roundabout wearing a police uniform with a Corporal rank.
5. PW1 identified Victor based on his uniform and name tag, leading to Victor’s arrest at Ikire Police station.
6. Victor was detained, prosecuted, and sentenced to death for the armed robbery solely on the evidence of the PW 1 without any concrete exhibit.
7. Despite Victor’s appeals, including a failed appeal at the Court of Appeal, he remained in prison for 23 years.
8. Victor sought mercy and appealed for freedom through the Center for Justice Mercy and Reconciliation, highlighting discrepancies in the evidence and requesting a review of his case for possible release.
Shedding light on his innocence:
According to the review and analysis of the Centre for Justice Mercy and Reconciliation an Organization that specialized on innocent people behind the Bar in Nigeria.
It is evident from the record that the incident took place during the Sallah festival when the senior police officer was traveling to Ikire for Sallah, en route from Apomu to Ikire instead of driving directly from Ibadan to Ikire. Shortly after branching to the Apomu road, he encountered an armed robber, operating alone, who stopped him at gunpoint at around 8:00 am and robbed him of Four thousand five hundred Naira (4,500.00).
After lodging a complaint at Apomu Police station, he proceeded to Ikire police station to file a similar report. In the process, he stumbled on a man seemingly look as the armed robber that robbed him few hours ago and he laid his hand upon him, got him arrested, prosecuted and sentenced to death. This policeman was alone victim, a lone witness and alone investigator that could arrest his accused within a few hours after the incidence.
According to the detailed court proceedings faithfully recorded by the judge, “PW 1 Proceeded to Ikire Police station where he lodged similar report. He inquired from the policemen at Ikire Police station if their arms were missing because he saw a seemingly looking policeman on the highway robbing people. The policemen at Ikire police station told him that there was nothing of such and their arms were intact.
From Ikire Police station, PW1 proceeded to Ikire town with a view to borrowing money to enable him buy sallah things for his father.
At Sango Roundabout PW1 was surprised to see the accused person wearing Police Uniform with Corporal Rank. He then parked his car and greeted him. He also inquired from him if he was heading for the Police station so that he could drop him there. Instead of accepting the offer the accused person challenged PW1 for asking him such questions. Pw1 then showed the accused person his ID card and told him that he was his boss and that was the reason he had the gut to ask him questions. However, when the accused person sighted PW1’s ID card and purse, he started begging him to please forgive him.
According to the record of the high Court record of proceedings
From Sango Roundabout, PW1 drove straight to Ikire Police station to inquire if they had any policeman who went by the name of VICTOR AKPOYIBO, the name tag he saw on the accused person’s uniform. When it was confirmed that the accused person was serving at the station, PW1 inquired further about the, accused person’s duty post. He was told To the that the accused person was supposed to be on morning duty but had not reported for work as at the time PW1 lodged his complaint at the station.
PW1 then informed the policemen on duty that he had seen the accused the person at Sango Roundabout and that accused person was the same person that robbed him earlier that morning at Apomu Junction. Soon thereafter, the accused person arrived the Police station on a motor- bike and was promptly arrested after PW1 had identified him as the person that robbed earlier in the morning at Apomu Junction.”
This was how the man Mr. Victor Akpoyibo began his journey to death row. The young police officer was arrested, detained and sentenced to death.
He appeals against the judgment but the appeal failed at the Appeal Court. In 2014, he also filed an appeal against the judgment at the Supreme Court but his appeal is yet to be mentioned.
Having spent 23 years behind bar Victor Akpoyibo approached the Centre for Justice Mercy and Reconciliation to seek appeal through the office of the Board of Mercy to obtain his freedom.
As a mediator between the State Government of Osun State and Victor Akpoyibo, it is our duty to be sure that there is possibility of his claim of the innocence and base on merit to propose for the freedom of Victor Akpoyibo.
We have painstakingly gone through the whole records of courts that convicted Victor; we can equivocally say that Mr. Victor Akpoyibo merit mercy with our intervention.
From the record of the Judgement of the High Court delivered by the Hon Justice W.O Akanbi on 22/7/2010 two issues were raised for the conviction
0.1. The graphic description of the PW1 Folorunsho Adisa on the defendant about the cloths he wore on the day of the robbery incidence as blue jeans and multi-colour T shirt
0.2. The type of gun held for the operation AK-47 gun. (Which was never recover nor even exist).
It was cleared, that the judge convicted the defendant solely on the evidence of the PW1 on count one
CONTENTION BETWEEN THE Defendant AND Respondent COUNSELS.
0.1. Defendant submitted that the description of the cloth by the PW1 was different from the exhibit tendered before the court. The defendant said Kahki is different from blue jeans. Yet, the court went ahead and convicted him.
0.2. No gun was recovered from the defendant during the search as the police officer at Ikire rebuffed the claim of the PW1 by his own word. Yet, the court went ahead and convicted him.
THE Exhibit before the court for conviction.
The exhibit of substance of cocaine was dismissed by the court.
The exhibit of Kahki trouser instead of blue Jeans trouser and multicolour T-Shirt was admissible for his conviction.
The exhibit of gun. None
The exhibit of the PW1 was the solely evidence relied by the court to convict the appellant.
WHAT IS THE STRENGHT OF THE EVIDENCE OF THE PW1?
The evidence was that after he was robbed in Apomu he came to Ikire same day within a short period he caught the man who came to robbed him on Apomu High way in the morning. How credible and reliable were his evidence? According to the record of the Court “ PW 1 Proceeded to Ikire Police station where he lodged similar report. He inquired from the policemen at Ikire Police station if their arms were missing because he saw a seemingly looking policeman on the highway robbing people. (But in this evidence, he never discloses himself as the victim of the armed robbery)
This piece of evidence raises a lot of doubt in my mind and you will agree with me that same with you. If his experience were to be true that truly he was robbed the record would have been “because I saw a seemingly looking policeman on the highway who robbed me, not “robbing people.” When he said “robbing people” the question is who are the people that were robbed?
Why did he refused to disclose his identity as the victim of the armed robbery?
From critical evaluation of his evidence before the court he went to the police station twice to lodge complain.
The first complaint was to make an enquiry if there were missing guns because he saw a man seemingly like a policeman with a gun robbing people.
According to the victim “Then he left the police station thinking about where to borrow money to buy the Sallah thing for his father”.
Are you kidding me? You are a senior police officer, going home for a Sallah from Ibadan to Ikire with only 4,500 Naira and just in less than 10 minutes before you get to Ikire a one-man armed robber jumped on the road and collected the money.
Read on
“From Ikire Police station, PW1 proceeded to Ikire town with a view to borrowing money to enable him buy sallah things for his father. At Sango Roundabout PW1 was surprised to see the accused person wearing Police Uniform with Corporal Rank. He then parked his car and greeted him. He also inquired from him if he was heading for the Police station so that he could drop him there. Instead of accepting the offer the accused person challenged PW1 for asking him such questions.
Pw1 then showed the accused person his ID card and told him that he was his boss and that was the reason he had the gut to ask him questions. However, when the accused person sighted PW1’s ID card and purse, he started begging him to please forgive him.”
How possible for a police man who knew he supposed to resume duty very early in the morning and abandoned his duty post to go and rob at 8.00am in the morning? If he always had a gun with him to perpetrate a crime, I think he will never abandon his duty to go and commit a crime in the broad daylight when he supposed to have resume duty. I doubt this. What about you?
With utmost respect, let us consider another scenario. From Sango Roundabout, PW1 drove straight to Ikire Police station to inquire if they had any policeman who went by the name of VICTOR AKPOYIBO, the name tag he saw on the accused person’s uniform. When it was confirmed that the accused person was serving at the station, PW1 inquired further about the, accused person’s duty post. He was told that the accused person was supposed to be on morning duty but had not reported for work as at the time PW1 lodged his complaint at the station.
PW1 then informed the policemen on duty that he had seen the accused person at Sango Roundabout and that accused person was the same person that robbed him earlier that morning at Apomu Junction. (I think in any Government setting, there is a record book where every police officer must sign his or her resumption on duty and when he is close for the day, was there a record that shows Akpoyibo was late on duty that day)?
This statement calls for deliberation. You went to the same police station twice.
The first time to make enquiry if there were missing gun they said no. The second time you came to inform the police that you have seen the person who robbed you.
THE DEFENCE OF THE DEFENDANT. Based on the statement of the allegations, the defendant raised objection to all the allegations and challenged the court to demand for the Crime Diary in Apomu to show the truthfulness of his robbery encounter and the number of people that were robbed on that day. This is the persistent crying of the defendant throughout the trial and up till date but ignored.
In my own humble opinion if I were the prosecuting counsel or an investigative police officer, I would have equally demand for the registered record of the station to also know the duty of Victor Akpoyibo that same day. As it is said in judicial quote, justice is not one-way traffic. It is three-way traffic: – justice for the appellant accused of the heinous crime of robbery or murder; justice for the victim that was robbed or murdered whose blood is crying to heaven for vengeance and finally justice to the society at large. “Justice must not only be done, but seen publicly to have been done”
Victor headed for the Court of Appeal with expectation to get justice but justice was not available.
WHAT IS THE JUDGMENT OF THE COURT OF APPEAL?
The lead judge of the Court of Appeal in his conclusion said,
“Finally, I need to register that it is rather unfortunate that the appellant who was legally armed as a policeman for him to use same and protect the citizenry out of his wicked and selfish desire turned same into a weapon of robbery and terror against innocent citizens.”
The interpretation and conclusion of the opinion of this judge was Mr. Victor Akpoyibo robbed DSP Folorunsho Adisa with the gun that was giving to him to protect the innocent citizen; Did he actually used the gun to robbed Folorunsho Adisa on the same day of 25/11/2001? The question is was any gun in possession of Victor Akpoyibo that same day?
Do police used to carry gun A.K 47 home after closing duty of the day? If by his own evidence that when he made enquiry of his duty and they said he supposed to have resume duty at about 11.am then that is a plus to his evidence, the question Victor Akpoyibo should answer now is where was he since morning that he supposed to have resume duty? If he has not yet resume duty as at 11 am how come he was in possession of the A.K 47 for a robbery operation very early in the morning?
Hear the response of the police officers at Ikire upon enquiry of the PW1.
“PW 1 Proceeded to Ikire Police station where he lodged similar report. He inquired from the policemen at Ikire Police station if their arms were missing because he saw a seemingly looking policeman on the highway robbing people. The policemen at Ikire police station told him that there was nothing of such and their arms were intact.”
There is no way the police officer could have been in the possession of A.K 47 gun as at that time in the morning, because he does not go home with gun and he has not yet resume duty the following morning because he was not even on the morning duty.
As quoted in judiciary quotes “A judgment sending a man to the gallows must be seen to be the product of logical Thinking based upon admissible evidence in which the facts leading to his conviction are clearly found and deductions therefore carefully made. It cannot be allowed to stand if found upon scraggy reason or perfunctory performance. It is so in all cases and more so in criminal cases and particularly more so in capital offence.”
Victor Akpoyibo was convicted based on fabricated testimony and police misconduct.
Presently, Victor Akpoyibo is an Inmates on Death Row in Kirikiri Maximum Custodial Centre looking forward for Justice.
We want to sincerely and respectfully plead to the Honorable Commissioner for Justice and the State Attorney General Hon Wole Jimi Bada, and all the good people at the Osun State Board of Mercy to consider the plea of Victor Akpoyibo by recommending him to the Executive Governor of the Osun State Senator Ademola Adeleke to show his compassion which he was known for to grant this man total freedom without further delayed after 23 years behind bar.
Presently, about 85 inmates sentenced to death from various high courts of Justice are on death row, some of them have exhausted their appeal to the Supreme Court, some still have their appeal pending for over 7 years.
We are appealing to the Osun State Governor to constitute the Board of Mercy for the possible case review in other to consider those that merit the Governor’s person.
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