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President Buhari’s June 12 Democracy Day: Top Nigerians React
Compiled by Eric Elezuo
When on Wednesday, June 6, 2018, President Muhammadu Buhari shocked Nigerians with the declaration that June 12 will officially become a national holiday to honour the presumed winner of the June 12, 1993 election, Bashorun MKO Abiola, not a few expected an avalanche of reactions.
Consequently, Nigerians from all walks of life have learnt their voices to the landmark decision; some good, some not so good.
Below is a compilation of what some of them said:
… If we are able to hold free and fair elections, if we allow Nigerians to elect their leaders without hindrance, if the will of voters is acknowledged, if the ballot is allowed to reign supreme in the next Nigerian elections, then this would have celebrated our true belief in the spirit of June 12 and the proper honour of Abiola, who died on principle, insisting that the rights of Nigerians and their votes must be respected – Yinka Odumakin, Afenifere spokesperson
“The Muhammadu Buhari administration made history today by conferring the post humous national award of Grand Commander of the Federal Republic (GCFR) on Chief M. K. O. Abiola, the acclaimed of the June 12, 1993 presidential election for his huge contribution to the restoration of democratic rule in Nigeria, By declaring June 12 Democracy Day the federal government has officially validated the integrity of the fair and free election that was criminally annulled by the Ibrahim Babangida junta… Femi Falana, a senior advocate of Nigeria (SAN)
“President Buhari’s action with regards to declaration of June 12 as democracy day and award of the highest honour to late Chief MKO Abiola are relevant, just, courageous and patriotic. The actions give hope that President Buhari can do the right thing and correct wrongs before it’s too late for him and for the nation, – Balarabe Musa, PRP Chairman
“…A courageous and bold step by President Buhari, without doubt, the right and just thing to do. June 12 was and is a defining watershed in our history. A truly great move by Mr. President and his allies in APC. A well-deserved honour to MKO and great recognition to the democratic struggle of our people. Besides, it’s an acknowledgement and great accolades for the invaluable sacrifice of our late June 12 comrades like Papa Rewane, Papa Adesanya, Kudirat Abiola and many others, including the media. Also Prof Wole Soyinka , Asiwaju Bola Ahmed Tinubu, and others remain great champions of our democratic heritage. I feel cool. Right now, the impact of the decision is earth shaking. That Nigeria will celebrate June 12 as National Democracy Holiday in our lifetime is massive and Asiwaju’s contribution in getting us here must be acknowledged” – Senator Tokunbo Afikuyomi (STA)
“I am very happy and highly elated. It is a major thing to accept Abiola as the president of Nigeria that was not sworn in. The honour of GCFR is reserved for presidents. Chief Obafemi Awolowo, who was the best president we never had, got it also without being president. I salute the President for the honour given to Alhaji Baba Gana Kingibe. The GCON is always given to vice presidents.
“The acceptance of June 12 as the ‘Democracy day’ is in recognition of the supreme price that Abiola paid. It has elevated Abiola to the status of an international figure like Martin Luther King, who fought for justice and liberation in the United States” – Aremo Olusegun Osoba, Two-time Governor of Ogun State
“It is a great day for democracy. Giving Chief MKO Abiola and Chief Gani Fawehinmi the highest honours is in appreciation of the sacrifices made by the members of the civil society groups. It is a honour for the people who were shot along Ikorodu Road, Lagos by the military during the protests against the annulment. It has been late in coming. The first civilian president in this dispensation ought to have taken the decision. But, we are grateful that Buahri has done it” – Olawale Oshun, former Chief Whip of the House of Representatives
“At last, President Muhammadu Buhari has become a politician. He has caught the nation completely unawares. Declaring June 12 as a ‘Democracy day’ is a monumental breakthrough in the history of Nigeria. It means that everything that was done to abort the wishes of the people have been erased from our political lexicon and history.
“I urge Nigerians to observe, gratify and reward Buhari for his position in Nigeria’s politics. Considering the present circumstances, Buhari’s name should be written in gold” – Deji Fasua, Chairman of the Committee for the Creation of Ekiti State
“The decision is accepted, 24 years after the annulment. We have always clamoured that June 12 should be the ‘Democracy Day.’ We have been marking it every year. The honours to Abiola and Fawehinmi are good.
“The greatest post-humus recognition is that Abiola should be treated as a past president and we want his portrait to be included among past presidents. Also, in memory of June 12, the president make a commitment to free and fair elections in 2019 – Joe Okei-Odumakin, Pro-democracy activist and leader of ‘Women Arise’
“It is a welcome development, but belated. It does not put food on the table now. He should go and restructure the country. What he has done now is a palliative. It cannot erase the problem in the country,” – Ayo Adebanjo
“The implication of his action today is that the election was free, fair and credible and therefore the annulment of the election was unjustifiable and illegal. Since he has gone to the extent of rewarding the late Abiola and his running mate for not being allowed to enjoy their mandate, it is an open admission that the annulment was illegal.
“The honest thing Buhari could have done was to revalidate the result of that election, by asking the electoral commission to officially announce the result and declare the winner. The fact that Abiola is dead does not make any difference, because his running mate is still alive.
“So, the election can still be made valid and since Abiola is not alive, his running mate can take over the reins of government, having been declared the winner of that election. Therefore, Buhari should have handed over power to Babagana Kingibe, who was the running mate of Abiola” – Alhaji Tanko Yakasai, Presidential Aspirant
“It is a welcome development. But, it is too late. The president ought to have done it before. Abiola deserves it. It is a welcome news. Pa Rueben Fasoranti, Afenifere leader
“The election of June 12, 1993 was the fairest election ever. Abiola won convincely. But, Babangida did not allow it to materialise. Democracy was murdered by Babangida. Democracy was crucified through the annulment of June 12, 1993 poll. Therefore, what the president has done is a right step in the right direction.
“On June 12, 1993, it was a Muslim/Muslim ticket. It was a clean and clear election. It is better to make June 12 the ‘Democracy Day;’ the day democracy was murdered. Things were orderly when I was in the House of Representatives in the First Republic and when I was in the Senate in the Second Republic. Some people have made the Federal Republic of Nigeria to a Republic of corruption. This is what Buhari is trying to end. I support Buhari’s decision to honour Abiola” – Senator Ayo Fasanmi
“One of the greatest acts of leadership is recognising what is good in others, that is what Buhari has done. He had written his name in gold in the political history of Nigeria” – Senator Olorunimbe Mamora, former Senate Deputy Minority Leader
“Abiola won the election but he was denied victory by Ibrahim Babangida, Sani Abacha and Olusegun Obasanjo. This great injustice is what has been holding Nigeria down. Buhari has achieved what the Peoples Democratic Party (PDP) failed to do while in power for 16 years. With this act, PDP has been buried.
“I want President Buhari to go a step further by paying compensation to Abiola‘s family because the June 12 saga had ruined Abiola’s chain of business. Abiola died in the struggle for his mandate, the Concord newspapers, the bookshop, Concord Airline and many others have gone under,” – Joe Igbokwe, Publicity Secretary, All Progressives Congress (APC)
This is what I expected from President Buhari immediately he assumed power in 2015. It is better than never.
President Buhari deserved commendation for having courage to revert the manifest injustice meted to Abiola – Monday Ubani, Lawyer and human rights activist
“It is a good way of immortalising the winner of the June 12 poll. We have been clamouring for it in the South West” – Chief Niyi Akintola, senior advocate
“It is a good one, though it is belated. We appreciate it that it is coming from him. The conferment of GCFR on Abiola is also welcome, it is commendable.
“Having said that, I think these are all desperate moves to woo the votes of the Southwest. It is like someone setting a trap and placing some very delicious food on the trap so that you swallow it and get caught.
“He wants to catch us once again in 2019. We have always demanded for the recognition of June 12, he has given them to us now, so that he can catch us again by the neck in 2019.
“What I will say is that we should play smart, we should thank him for it and show appreciation. These are things that Abiola deserved, so we appreciate it for doing him the honour,” – Femi Okurounmu
“I must tell you that this is high wire politics. Our president is waxing stronger politically. It has been a long time that many discerning Nigerians, including my humble self, had thought that the late Chief M.K.O Abiola, who died to uphold democracy should be honoured. He had opportunity to sellout; he had the opportunity to avoid the discomfort of incarceration, if only he could renounce the mandate. He did not yield to that rather he defended the mandate.
“I want to say June 12 will be an appropriate day to mark democracy. That argument has been put up for a long time. If by this time, President Buhari has decided to do the right thing, he should be commended. Though I said it was high wired politics, but it is politics in the right direction. It is politics that is induced in political savvy, it is a welcome development. There is nothing sacrosanct about May 29. It was the creation of Obasanjo and because of Obasanjo’s hostilities the man acted this way” – Chekwas Okorie, National Chairman, United Progressives Party (UPP)
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Dangote Refinery, a Wonder of Modern Technology – Japan Ambassador, Business Community
The Dangote Refinery and Petrochemicals complex has been hailed as an astonishing masterpiece, showcasing Nigeria’s technological advancements on the global stage.
This accolade was shared by a delegation from the Japanese Business Community in Nigeria, led by Japan’s Ambassador-designate to Nigeria, Suzuki Hideo. The Dangote Group also reiterated that its petroleum products are in demand worldwide, as it expands its polypropylene section to reduce Nigeria’s reliance on imported polypropylene, a crucial material used in packaging, textiles, and the automotive manufacturing industries.
The Japanese delegation, which toured the impressive facilities housing both the Dangote Petroleum Refinery and Petrochemicals as well as Dangote Fertilisers, commended the state-of-the-art technology on display, noting that it reinforces Nigeria’s role as the gateway to Africa.
Managing Director of the Japan External Trade Organisation (JETRO), Takashi Oku, remarked that while Nigeria remains the gateway to Africa, the Dangote Refinery stands as a remarkable project that showcases the country’s technological progress. He added that the facility, as the world’s largest single-train refinery, is a point of immense pride for Nigeria. JETRO is Japan’s governmental organisation for trade and investment.
“We had heard about the excellence of the Dangote Refinery through the media but seeing it in person has left us truly amazed by its vastness and grandeur. It demonstrates that Nigeria’s population is not only growing but also advancing in technology. We are keen to collaborate with Nigerian companies, especially Dangote Refinery,” he said.
Emphasising that the refinery has bolstered Nigeria’s leading position in Africa, he further noted that the facility serves as an ideal introduction to the country for the global community.
Managing Director of Itochu Nigeria Limited, Masahiro Tsuno, also praised the sheer size and automation of the Dangote Refinery, calling it a miracle and one of the wonders of the world.
“I’ve seen many standalone refineries across the globe, including in Vietnam and the Middle East. However, this size of a refinery built by one single investor is probably a miracle in the world. And I’m just actually witnessing a miracle, to be honest, today,” he said. Tsuno indicated that his company would seek collaboration with the refinery across various sectors, including polypropylene and other petroleum products.
Commending the ambassador-designate and his team, which described the Dangote Petroleum Refinery as a wonder of modern technology, Vice President of Oil and Gas, Dangote Industries Limited, Devakumar Edwin, explained that the facility is the vision of a Nigerian investor- Aliko Dangote, designed and built by Nigerians, and intended to serve the global market.
He said that it is a point of pride that a Nigerian company not only designed but also built the world’s largest single-train refinery complex. Dangote Industries Limited, a Nigerian company, acted as the Engineering, Procurement, and Construction (EPC) contractor for the refinery. In the process, cutting-edge technologies from around the world were incorporated to ensure that the facility meets the highest standards. Edwin assured the ambassador-designate and the delegation that the company is open to collaboration, always striving to maintain the best possible standards.
“Even now, we have a lot of Japanese equipment inside both the refinery and the fertiliser plant. There are significant opportunities for collaboration, as we always seek the latest technology in any business we engage in. For instance, our cement plant laboratory is managed by robots, and we always embrace advanced technology. With Japan’s focus on technological innovation, there is ample scope for cooperation and for supplying various types of technology,” he said.
Edwin also stated that the Dangote Petrochemical project will significantly boost investment in downstream industries, creating substantial value, generating employment, increasing tax revenues, reducing foreign exchange outflows, and contributing to Nigeria’s Gross Domestic Product (GDP).
He confirmed that products from the refinery meet international standards and are already being exported globally.
“In recent weeks, we’ve exported petrol to Cameroon, Ghana, Angola, and South Africa among others. Diesel has gone all over the world, and jet fuel is being heavily exported to European markets. Our products are already making their mark internationally,” he said.
He further added that by leveraging Africa’s vast crude oil resources to produce refined products locally, the Dangote Group aims to create a virtuous cycle of industrial development, job creation, and economic prosperity.
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ICOBA 84-86 Set Donates N20m to Endowment
The Christmas/End of Year party of the Igbobi College Old Boys Association (ICOBA) was filled with excitement, pomp and pageantry as the 84-86 set celebrated its 40th anniversary of leaving the school.
The highlight of the event was the donation of N20 million from the set’s endowment to serve as a seed fund for the national body’s endowment through the National ICOBA. The donation was received by Mr Femi Banwo, President ICOBA International and Mr Kunle Elebute, Chairman ICOBA National Endowment Committee
The 84-86 set’s Board of Trustees Endowment Committee had established an independent endowment in 2009 with a vision to create a lasting legacy for the set. Speaking at the occasion, the Chairman of the ICOBA 84-86 Board of Trustees and Endowment Committee, Dr. Falil Ayo Abina, expressed his delight, stating that it was a dream come true.
Dr. Abina explained that one of the core lessons learned at Igbobi College was “self-denial.”
He reminisced about the Self-Denial Fund (SDF), where students were taught to contribute their weekly “widow’s mite” to share with the less privileged in society. Dr. Abina emphasized that when the endowment committee conceived the idea of the endowment 15 years ago, they had this legacy in mind, aiming to serve a purpose greater than self.
The donation of N20 million to the national endowment is expected to inspire others within the alumni and other school alumni associations to follow suit.
This generous donation is the first in ICOBA’s history and arguably in Nigeria and sub-Saharan Africa.
The 13-member endowment committee, also include Demola Ipaye, Fola Laguda, Gbenga Aina, Demola Oladeinde, Jimi Onanuga, Abayomi Alabi, Kwami Adadevoh, Bayo Ayoade, Tunde Sadare, Wole Ogunbajo, Tunji Akinwummi, and Lanre Olusola, worked tirelessly to make this vision a reality and it was indeed mission accomplished for the ‘Nobles Nigerians‘ as Igbobians are called.
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Father Cries Out for Justice over Two Sons Wrongly Sentenced to Death
By Hezekiah Olujobi
“It is said that the judiciary is the last hope of a common man, but what happens when a common man cannot get justice? The purpose of seeking justice is forfeited.”
An Oshogbo High Court judge sentenced two brothers from Cotonou to death for armed robbery and murder. The judge admitted the confessional statement as the best evidence to convict without considering the circumstances that proved such evidence to be ridiculous, fabricated, and unjust. A police officer had taken money from the victim with the promise to apprehend the criminals and then presented the innocent brothers as the perpetrators of the crime.
Ignoring the evidence that proved their innocence added more pain to their existence and prolonged their journey for freedom through the rigors of the appeal process. This is indeed an obvious injustice. Even in the absence of strong evidence to convict these two brothers, the judge chose to send them to the gallows for execution, despite the concocted and manipulated confessional statement from a police officer who arrested the innocent individuals and presented them to the victim as the culprits.
With such allegations of heinous crimes against innocent people, our hope for justice hangs in the balance. Despite all the evidence made available to the Attorney General of the state, they still proceeded to prosecute the brothers, while the court set aside the evidence and held sacred the lies concocted by the SARS police officers.
Now that the judgment has been passed and a death sentence hangs over these poor individuals, what does the judgment entail, and what proof exists that they are innocent?
On November 15, 2017, the complaint in this case came from Oshogbo to the Adeniji Adele police station in Lagos State, where a particular police officer was informed about a robbery and murder incident that occurred on October 12, 2017, in Oshogbo, Osun State. The victim claimed he was robbed of his Hilux van at about 10:00 PM, and the armed robbers killed his wife. His wife was buried immediately according to Muslim rites.
The victim came with a photocopy of his vehicle particulars and a photograph of the deceased. Within a short period of seven days, on November 22, 2017, the police arrested the first defendant, who was tortured into confessing to the crime and implicating his elder brother as the major suspect. Three days after the arrest, the complainant was invited to see one of the alleged robbers, and he wrote his statement on November 25, 2017. Exactly two months after his report to the Lagos State police officer, the second defendant, the elder brother of the first defendant, was arrested.
Without any identification parade or any legitimate confessional statement, the two brothers, who share the same parents, were charged in court for armed robbery and murder. On November 10, 2020, the case opened for trial before the High Court of Justice, presided over by Hon. Justice A. O. Oyebiyi at the Oshogbo High Court of Justice. Three witnesses were called during the trial: the complainant and two police officers. On November 12, 2020, the two brothers were sentenced to death without any medical or police report certifying the death of the deceased before the court. No witnesses corroborated that such a crime actually took place on October 12, 2017. No police report established that such an incident occurred in Oshogbo on the said date at the said location.
The basis for conviction was that the court accepted the prosecution’s submission to convict the two brothers based on the confessional statement. During the trial, the first defendant explained how the police officer, Adeniyi Aina, who arrested him, sent for him through his boss, who brought him to do POP work in Oshogbo, tricking him into coming to Lagos. The first defendant stated before the court that the police officer had previously arrested him for a case of stealing in Oshogbo in 2016, where a thief broke into a house near where he was doing his POP work. He was detained and later reminded in Ilesha prison, where he sent for his boss, Earnest Carpo, and his elder brother, Monday Sode, who came from Bayelsa to stand as a second surety. The first defendant also indicated that PW2 was the police officer in charge of the previous case of stealing, and he jumped bail for the trial because he had no transport fare to attend court.
To establish the story, the Centre for Justice, Mercy, and Reconciliation (CJMR) applied for the certified true copy (CTC) of the charge sheet of the previous case, the enrollment order, and the bail bonds of the two sureties, which indicated the names of the elder brother, Monday Sode, and Ernest Carpo as the sureties in the case. The evidence of the second defendant during his defense was cogent and remained unshaken.
What evidence did the police officers present in this case regarding what led to the brothers’ arrest? PW2, Inspector Adeniyi Aina, testified before the court about how the complainant reported a case of armed robbery and murder to him in Lagos on November 15, 2017, and how he demanded the IMEI number of the phone with the network provider MTN, number 07031107798. The phone was found to be with the second defendant. He stated that he used a soft target, someone he used to call regularly, to link the first defendant to the case. The first defendant was eventually arrested at Barger Bus Stop in Lagos.
Unfortunately, the officer gave his evidence at a time when we took over the case from the lawyer who was previously handling it. The judge seemed desperate to rush the case and did not listen to our lawyer. The PW2 contradicted himself when he stated that the phone with the second defendant was not the stolen one. This raises questions about how he obtained the phone number he used to link the defendants to the crime.
Throughout the trial, the police officer never mentioned how he knew the two defendants. This shows how police can lie recklessly to destroy innocent lives. How did he arrest these two individuals and link them to the robbery and murder incident that occurred on October 12, 2017? He claimed, “I demanded the IMEI number of the phone with the network provider MTN, number 07031107798.” What a contradictory statement! The complainant testified during the trial that he did not know the serial number of his phone. If he reported that his phone was stolen and could not provide the receipt or the serial number, how could it be possible to track the phone? The officer stated that the SIM card had been removed and replaced with another MTN network provider.
Contrary to the evidence of PW2, PW3, CSP Omoyele Adekunle of Federal SARS, testified as follows:
“I am CSP Omoyele Adekunle, a police officer serving in the Osun State Command. On November 23, 2017, I was at Federal SARS, Lagos. I know the defendants very well. I was investigating a robbery/murder case transferred from ICP to my department, and I was detailed to investigate. We were informed of a murder. The vehicle was taken away, but the victim’s phone was left in the vehicle. It was the victim’s wife who was killed. They took the victim away towards Ikirun Road. He was stripped naked and pushed out of the vehicle. They escaped with the vehicle. He told us a phone was left in the vehicle. We got the number and sent for tracking. We knew it was then in Cotonou and placed an alert on it. When the number rang, we tracked it to Ikeja. The first defendant was arrested with the phone. He initially denied involvement but later confessed after some arrests were made connecting him to the phone. It was when he saw the persons arrested that he opened up. He had earlier given the phone to someone among those arrested. He then confessed to the crime. During the investigation, he mentioned the second defendant, stating that they had come together to perpetrate the crime.”
The victim was invited and identified both defendants and the phone as the one taken during the robbery. However, according to the statement made by the victim on November 25, 2017, he said the incident happened at about 10:00 PM, and there was no electricity. The criminals emerged from the corner of his shop and slapped him three times. How could he possibly identify the criminals at that time of night?
In the evidence provided by PW3, CSP Omoyele stated that the phone was lost on the date of the incident. He mentioned that Ernest Albert, from the tracking analysis, changed the SIM card in the phone. It must be noted that CSP Omoyele indicated that the phone was recovered from Ernest Albert, who inserted his SIM into the stolen phone.
During cross-examination, it was revealed that the defendants were not arrested at the scene. The case was reported to the police after a few months. The complainant stated that he would identify those who attacked him if he saw them. The investigation began by tracking the lost IMEI number of the phone. The defendant was using the phone to call, and the phone tracked was with the defendant at the time of tracking. However, no phone was tendered in this case.
These are just a few inconsistencies in this trial.
Imole Sode and Monday are two brothers from the same parents. Their parents came to Nigeria from Cotonou, and they were seven children born to their parents. Monday enrolled his brother in a POP apprenticeship in Lagos. Imole and his master got a POP job in Oshogbo on a contract basis. Along the line, a thief broke into a nearby house, and he was arrested by police officer Adeniyi Aina. He was on bail for that offense when he jumped bail for the case.
On October 12, 2017, there was a robbery and murder in Oshogbo, and the case was transferred to SCID Oshogbo, where Inspector Adeyemi Aina was assigned to investigate. According to the complainant, the officer collected a significant amount of money from him with the promise to recover his vehicle and apprehend the culprits. Shortly after this incident, Inspector Adeniyi Aina was transferred to Federal SARS Adeniji Adele. On November 15, 2017, the complainant traced the police officer to Lagos to follow up on his case.
The officer devised a scheme. What should he do to please the victim? He sent for the one who jumped bail and his brother, shot them in the legs, and coerced the younger brother into writing statements to implicate himself in the robbery and murder. His elder brother denied any knowledge of the crime, as he was based in Bayelsa and had never been to Oshogbo before.
Eventually, they were sentenced to death by hanging. Presently, the two brothers are on death row, waiting for execution for a crime they knew nothing about.
—
The case of the two brothers exemplifies a series of inconsistencies and contradictions that point to a miscarriage of justice. From the lack of corroborative evidence and identification issues to coerced confessions and police misconduct, the narrative is riddled with flaws that undermine the legitimacy of the conviction.
This is another journey to the Court of Appeal and the Appeal process is not easy. The cost of justice is very expensive and long process. Who pay for it
An Oshogbo High Court judge sentenced two brothers from Cotonou to death for armed robbery and murder. The judge admitted the confessional statement as the best evidence to convict without considering the circumstances that proved such evidence to be ridiculous, fabricated, and unjust. A police officer had taken money from the victim with the promise to apprehend the criminals and then presented the innocent brothers as the perpetrators of the crime.
Ignoring the evidence that proved their innocence added more pain to their existence and prolonged their journey for freedom through the rigors of the appeal process. This is indeed an obvious injustice. Even in the absence of strong evidence to convict these two brothers, the judge chose to send them to the gallows for execution, despite the concocted and manipulated confessional statement from a police officer who arrested the innocent individuals and presented them to the victim as the culprits.
With such allegations of heinous crimes against innocent people, our hope for justice hangs in the balance. Despite all the evidence made available to the Attorney General of the state, they still proceeded to prosecute the brothers, while the court set aside the evidence and held sacred the lies concocted by the SARS police officers.
Now that the judgment has been passed and a death sentence hangs over these poor individuals, what does the judgment entail, and what proof exists that they are innocent?
On November 15, 2017, the complaint in this case came from Oshogbo to the Adeniji Adele police station in Lagos State, where a particular police officer was informed about a robbery and murder incident that occurred on October 12, 2017, in Oshogbo, Osun State. The victim claimed he was robbed of his Hilux van at about 10:00 PM, and the armed robbers killed his wife. His wife was buried immediately according to Muslim rites.
The victim came with a photocopy of his vehicle particulars and a photograph of the deceased. Within a short period of seven days, on November 22, 2017, the police arrested the first defendant, who was tortured into confessing to the crime and implicating his elder brother as the major suspect. Three days after the arrest, the complainant was invited to see one of the alleged robbers, and he wrote his statement on November 25, 2017. Exactly two months after his report to the Lagos State police officer, the second defendant, the elder brother of the first defendant, was arrested.
Without any identification parade or any legitimate confessional statement, the two brothers, who share the same parents, were charged in court for armed robbery and murder. On November 10, 2020, the case opened for trial before the High Court of Justice, presided over by Hon. Justice A. O. Oyebiyi at the Oshogbo High Court of Justice. Three witnesses were called during the trial: the complainant and two police officers. On November 12, 2020, the two brothers were sentenced to death without any medical or police report certifying the death of the deceased before the court. No witnesses corroborated that such a crime actually took place on October 12, 2017. No police report established that such an incident occurred in Oshogbo on the said date at the said location.
The basis for conviction was that the court accepted the prosecution’s submission to convict the two brothers based on the confessional statement. During the trial, the first defendant explained how the police officer, Adeniyi Aina, who arrested him, sent for him through his boss, who brought him to do POP work in Oshogbo, tricking him into coming to Lagos. The first defendant stated before the court that the police officer had previously arrested him for a case of stealing in Oshogbo in 2016, where a thief broke into a house near where he was doing his POP work. He was detained and later reminded in Ilesha prison, where he sent for his boss, Earnest Carpo, and his elder brother, Monday Sode, who came from Bayelsa to stand as a second surety. The first defendant also indicated that PW2 was the police officer in charge of the previous case of stealing, and he jumped bail for the trial because he had no transport fare to attend court.
To establish the story, the Centre for Justice, Mercy, and Reconciliation (CJMR) applied for the certified true copy (CTC) of the charge sheet of the previous case, the enrollment order, and the bail bonds of the two sureties, which indicated the names of the elder brother, Monday Sode, and Ernest Carpo as the sureties in the case. The evidence of the second defendant during his defense was cogent and remained unshaken.
What evidence did the police officers present in this case regarding what led to the brothers’ arrest? PW2, Inspector Adeniyi Aina, testified before the court about how the complainant reported a case of armed robbery and murder to him in Lagos on November 15, 2017, and how he demanded the IMEI number of the phone with the network provider MTN, number 07031107798. The phone was found to be with the second defendant. He stated that he used a soft target, someone he used to call regularly, to link the first defendant to the case. The first defendant was eventually arrested at Barger Bus Stop in Lagos.
Unfortunately, the officer gave his evidence at a time when we took over the case from the lawyer who was previously handling it. The judge seemed desperate to rush the case and did not listen to our lawyer. The PW2 contradicted himself when he stated that the phone with the second defendant was not the stolen one. This raises questions about how he obtained the phone number he used to link the defendants to the crime.
Throughout the trial, the police officer never mentioned how he knew the two defendants. This shows how police can lie recklessly to destroy innocent lives. How did he arrest these two individuals and link them to the robbery and murder incident that occurred on October 12, 2017? He claimed, “I demanded the IMEI number of the phone with the network provider MTN, number 07031107798.” What a contradictory statement! The complainant testified during the trial that he did not know the serial number of his phone. If he reported that his phone was stolen and could not provide the receipt or the serial number, how could it be possible to track the phone? The officer stated that the SIM card had been removed and replaced with another MTN network provider.
Contrary to the evidence of PW2, PW3, CSP Omoyele Adekunle of Federal SARS, testified as follows:
“I am CSP Omoyele Adekunle, a police officer serving in the Osun State Command. On November 23, 2017, I was at Federal SARS, Lagos. I know the defendants very well. I was investigating a robbery/murder case transferred from ICP to my department, and I was detailed to investigate. We were informed of a murder. The vehicle was taken away, but the victim’s phone was left in the vehicle. It was the victim’s wife who was killed. They took the victim away towards Ikirun Road. He was stripped naked and pushed out of the vehicle. They escaped with the vehicle. He told us a phone was left in the vehicle. We got the number and sent for tracking. We knew it was then in Cotonou and placed an alert on it. When the number rang, we tracked it to Ikeja. The first defendant was arrested with the phone. He initially denied involvement but later confessed after some arrests were made connecting him to the phone. It was when he saw the persons arrested that he opened up. He had earlier given the phone to someone among those arrested. He then confessed to the crime. During the investigation, he mentioned the second defendant, stating that they had come together to perpetrate the crime.”
The victim was invited and identified both defendants and the phone as the one taken during the robbery. However, according to the statement made by the victim on November 25, 2017, he said the incident happened at about 10:00 PM, and there was no electricity. The criminals emerged from the corner of his shop and slapped him three times. How could he possibly identify the criminals at that time of night?
In the evidence provided by PW3, CSP Omoyele stated that the phone was lost on the date of the incident. He mentioned that Ernest Albert, from the tracking analysis, changed the SIM card in the phone. It must be noted that CSP Omoyele indicated that the phone was recovered from Ernest Albert, who inserted his SIM into the stolen phone.
During cross-examination, it was revealed that the defendants were not arrested at the scene. The case was reported to the police after a few months. The complainant stated that he would identify those who attacked him if he saw them. The investigation began by tracking the lost IMEI number of the phone. The defendant was using the phone to call, and the phone tracked was with the defendant at the time of tracking. However, no phone was tendered in this case.
These are just a few inconsistencies in this trial.
Imole Sode and Monday are two brothers from the same parents. Their parents came to Nigeria from Cotonou, and they were seven children born to their parents. Monday enrolled his brother in a POP apprenticeship in Lagos. Imole and his master got a POP job in Oshogbo on a contract basis. Along the line, a thief broke into a nearby house, and he was arrested by police officer Adeniyi Aina. He was on bail for that offense when he jumped bail for the case.
On October 12, 2017, there was a robbery and murder in Oshogbo, and the case was transferred to SCID Oshogbo, where Inspector Adeyemi Aina was assigned to investigate. According to the complainant, the officer collected a significant amount of money from him with the promise to recover his vehicle and apprehend the culprits. Shortly after this incident, Inspector Adeniyi Aina was transferred to Federal SARS Adeniji Adele. On November 15, 2017, the complainant traced the police officer to Lagos to follow up on his case.
The officer devised a scheme. What should he do to please the victim? He sent for the one who jumped bail and his brother, shot them in the legs, and coerced the younger brother into writing statements to implicate himself in thethe robbery and murder. His elder brother denied any knowledge of the crime, as he was based in Bayelsa and had never been to Oshogbo before.
Eventually, they were sentenced to death by hanging. Presently, the two brothers are on death row, waiting for execution for a crime they knew nothing about.
—
The case of the two brothers exemplifies a series of inconsistencies and contradictions that point to a miscarriage of justice. From the lack of corroborative evidence and identification issues to coerced confessions and police misconduct, the narrative is riddled with flaws that undermine the legitimacy of the conviction.
This is another journey to the Court of Appeal and the Appeal process is not easy. The cost of justice is very expensive and long process. Who pay for it
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Hezekiah Olujobi is the Executive Director, CJMR
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