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OBJ, Please, Remain OBJ by Mike Ozekhome

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I celebrate you, a living legend and uncommon African icon, Chief (Dr) Olusegun Mathew Okikiola Obasanjo (OBJ), on your 87th birthday, which took place on March 5, 2024.

On paper, you are 87, having been born on March 5, 1937. But, you have maintained to me and all who cared to listen, again and again, that your age was merely an assumed approximation on paper, because some of your classmates have already died or celebrated their 90th, 92nd and 93rd birthdays. I believe the latter more, for it comes straight from the horse’s mouth. For example, one of your classmates, Dr Onaolapa Soleye (born 11th November, 1933), who was former Minister of Finance, just died four days after he turned 90 years. He has only just been buried.

Whatever be the case; whether you are an octogenarian (in your 80s), or nonagenarian (in your 90s), no one can dispute your imperishable contributions to the development of the Nigerian nation in particular, and the African continent in general. This is why, even as you have lovers and traducers across the world (because of your “My Command”, which is “Not (your) My Will”), no one can ignore you and your looming presence. Like the stubborn scar, you have refused to go away. You always leave your marks even after the healing of the sore.

So, hate him or love him, OBJ have become a recurring decimal in our national discourse and conversation. You, Obasanjo, easily stir the hornet’s nest with effortless éclat. When you speak, you generate national uproar. You write fiercely, fearlessly and ceaselessly. You still wield your mighty pen in a more menacing and devastating manner than you once wielded the gun when you took over control of the 3rd Marine Commando from Brigadier Benjamin Adekunle during the better-forgotten three years bloody fratricidal Civil War in Nigeria. You had also accepted the mantle of surrender on behalf of Nigeria from General Phillip Effiong who did so on behalf of Biafra at Dodan Barracks, Lagos. This was on 15th January, 1970 (Armed Forces Day), though you told me this was a mere formality as the handover agreement had already earlier been signed some days earlier. For these historic acts, your name had already entered our history books. And for many more positive reasons too.

When you write your usual probing and inquiring letters (an art and pastime for which you have since become accustomed and famous), you cause national ruckus. You ruffle feathers, bruise toes and figuratively draw blood. But, those sitting leaders or rulers that ignored your message in those piercing, intellectually-grounded letters that drip with rare vision and wisdom in their full length, breadth and erudition, and preferred to go for the messenger, rather than the message, had always done so at their own peril.

You were first arrested on the orders of then military dictator, General Sani Abacha on March 13, 1995, over a phantom coup attempt. You were initially released on the intervention of ex-American President, Jimmy Carter; and again re-arrested in the night of June 13, 1995, and taken to an unknown destination. You were tried in company of your military Deputy Head of State, Major General Shehu Musa Yar’Adua, Col Lawan Gwadabe and Chris Anyanwu, a magazine publisher. You were initially sentenced to death after the phantom coup trials before another panel set up by Abacha reduced the sentence to 30 years, and again to 15 years imprisonment.

We, in the human rights community picked up the gauntlet, marched, protested and rallied daily on the streets of Lagos and elsewhere. We forced the then military junta led by Gen. Sani Abacha to commute your death sentence to mere imprisonment. You were still serving in Yola Prisons when Gen. Abdulsalami Abubakar ordered your release. Yar’Adua was not so lucky. He died at Abakaliki prison where he was serving on 8th December, 1997. Little did we, or you ever know, that you are a child of destiny and like the phoenix, you would rise once again from your ashes and become President of Nigeria between 1999 and 2007.

This was after you had emerged Head of State (1976-1979), succeeding then Head of State, General Muritala Mohammed, who was mindlessly slain during the Col Buka Suka Dimka-led military coup on 13th February, 1976.

Make no mistake about this sir, I was also one of the leading lights who valiantly led the fiery battle of opposition against your third term agenda bid. I had wondered then why you desired to. I spoke piercingly against it at the Niger State Government Lodge where we had gathered to puncture your perceived inordinate ambition for self transmutation and succession. I believe in retrospect now, you would also have been wondering what you had indeed forgotten in Aso Villa that you were going back for, having already etched your name in the sands of time and got elevated into the pantheon of Nigerian heroes in less than 70 years on mother earth.

Two years ago sir, you greatly honoured me by singing my happy birthday song and cutting my birthday cake, assisted by another living nonagenarian legend and quality University education Czar, Aare Afe Babalola, SAN, CON, LL.D, at the Afe Babalola University, Ado Ekiti ( ABUAD). This was after I had delivered the 10th convocation lecture of this arguably numero uno African University, and one of the very 400 leading Universities in the world. I am, very proudly, a Visiting Professor of Law at this great University that just made one of the best results (over 16 First Class and about 69 Second Class Upper Division) at the Nigerian Law School. I was greatly humbled because I had, as a little boy in the sixties, heard about your war time exploits whenever we gathered around a little transistor radio. I was then in St Mary’s Primary School in my then little rustic village of Iviukwe, near Agenebode in Etsako East Local Government Area of Edo State.

Remain who, whom and what you are sir. Don’t ever change, for you are far too old now to change and learn how to become left-handed. Remain OBJ. Continue to play football as you do always. Continue to enjoy another passion of yours – singing and dancing – (even if your vocals fall far short of Nightingale’s, and your shuffles not Michael Jackson’s). Continue to do more research and write more books and letters.

You have just written a new book titled, “The Art of Leading: Unconventional Wisdom from Biblical Leaders “. Before this, you had already written tons of books, including the following, perhaps more than any living African leader ever did: My Watch (Vols. 1-3, which is your memoir); Not My Will; Call to Duty; A March of Progress: Collected Speeches of His Excellency Lt. General Olusegun Obansanjo; Forging a Compact in U.S. – African Relations; Nigeria and International Trade Address; The Head of State’s Broadcast to the Nation, Wednesday, 29th March, 1978, Embodying the Land Use Decree No. 6 of 1978; Nzeogwu: An Intimate Portrait of Major Chukwuma Kaduna Nzeogwu; Women of Virtue: Stories of Outstanding Women in the Bible; My Command: An Account of the Nigerian Civil War, 1967 – 1970; Guides to Effective Prayer; The Leadership Challenge of Economic Reforms in Africa; Africa in Perspective: Myths and Realities (The Russell C. Leffingwell Lectures); Africa Embattled: Selected Essays on Contemporary African Development; A New Dawn: A Collection of Speeches of President Olusegun Obasanjo; Hope for Africa: Selected Speeches of Olusegun Obasanjo; The Challenges of Agricultural Production and Food Security in Africa; Work of Earth; Democracy Works: Turning Politics to Africa’s Advantage; Making Africa Work; This Animal Called Man; Addressing Africa’s Youth Employment and Food Security Crisis: The Role of African Agriculture in Job Creation; Constitution for National Integration and Development; Women of Virtue; Africa Through the Eyes of a Patriot; Before It Is Too Late…and the Reactions that Followed; Years of Reconstruction: Selected Foreign Policy Speeches of Olusegun Obasanjo; I See Hope; Hope For Africa; Sermons From Prison; Standing Tall: Selected Speeches of Olusegun Obasanjo; Management in Agriculture and Rural Development: A Practitioner’s View; The Asian Aspiration: Why and How Africa Should Emulate Asia—and What it Should Avoid; Before I Die; Africa, Rise to Challenge: Towards a Conference on Security, Stability, Development and Cooperation in Africa (CSSDCA) and more.

So, write, write and write. Don’t stop. After all, you didn’t go back to the University after your presidency in 2007 to bag a Ph.D by thesis for the fun of it. So, you have been sharing your thoughts on many issues. Don’t stop now. We are not tired of reading you. We are hungry for more. Remain consistently consistent, blunt and unapologetic about it. Make no mistakes, some surely hate you for this. But, more adore you for it. I am one of them. Because, the truth, especially naked truth, is always very bitter. But truth is about conscience. Like Uthman Dan Fodio once declared, ‘Conscience is an open wound; only the truth can heal it”. This is why the Holy Bible tells us, “…and thou shall know the truth and the truth shall set you free” (John 8:32).

Baba, continue to ask the right questions. And where possible, go ahead and question the answers also. Don’t ever drop your humour that makes standup comedians green with envy. Enjoy peace that passeth all understanding (Philippians 4:7). Above all sir, don’t die yet. Don’t even think about it. Shun death and its monstrous visage with all your heart and soul. Mock it. Grab and hold on to Gen 6:3 (120 years on earth).

Nigeria, Africa and indeed the black world still need you and your gargantuan services and contributions. Happy birthday sir, and many happy returns of the day. It is well you, baba.

In all, please, OBJ, remain OBJ.

Mike Ozekhome, SAN, CON, OFR, Ph.D, LL.D, D.Litt, D.Sc., is a legal practitioner, teacher and human capacity developer, and writes from Lagos.

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Dangote Refinery, a Wonder of Modern Technology – Japan Ambassador, Business Community

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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

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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

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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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