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Police Officer on Death Row Cries for Justice: NGO Makes Case for Board of Mercy in Osun to Review Cases

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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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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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