By Hezekiah Olujobi

Despite the fact that the real suspect of the crime cleared his innocence during the trial, he was still sentenced to death. Even though there was no direct evidence linking him to the crime, he was still sentenced to death. Failing to investigate a credible alibi can lead to a serious miscarriage of justice, resulting in an innocent person being wrongfully convicted and sentenced to death for a crime they did not commit. This underscores the importance of thorough and impartial investigations in criminal cases, especially those involving severe penalties like the death sentence.

What is an Alibi?

An alibi is a defense used by an accused person in a criminal charge, claiming to have been at another place at the time relevant to the charge. It was established in law that in a case of murder, the burden is heavily placed on the prosecution to prove the following:

(i) That the deceased died.

(ii) That the accused person unlawfully killed the deceased.

(iii) That the death of the deceased was directly caused by the defendant.

Once the prosecution is able to prove all the existing ingredients of murder, the court will be held accountable to ground conviction.

Now, on the issue of alibi. An alibi is a defense available to a Defendant standing a criminal trial, calling the attention of the court that at the actual time the alleged offense took place, he was somewhere else. To prove an alibi, the Defendant must state:

1. Where he was.

2. With whom he was.

3. The exact time he was there.

4. The address of where he was.

5. What he went to do there.

This defense of alibi must be strongly corroborated by the person(s) with whom the Defendant had a meeting. Don’t forget, you cannot put something on nothing and expect it to stand; it will collapse. Having mentioned an alibi, it must be proved.

Most importantly, during cross-examination, the Defendant’s counsel is expected to ask questions revolving around the IPO’s investigation of the Defendant’s claim.

If from the trial, the Defense established his alibi with corroborative and compelling evidence and the court still embarked on the voyage of convicting him, the law allows the Defendant to go on appeal within 90 days.

Now, in this particular case, Jelili Raji has this to say: ‘I was arrested in my house by the DSS, Oshogbo division on 11 January 2017 on the allegation of Conspiracy and Murder which occurred on 23/12/2016. I was traced to my house through my phone number found on a taxi driver’s phone that I chartered to Eleweran, Abeokuta on 2/1/2017. At the time of the incident, I was in the police station in Eleweran, Abeokuta, Ogun State between 15 to 28 December 2016. All my pleas of innocence in this case fell on deaf ears of the Court until I was sentenced to death along with the taxi driver on 2/4/2020.

I think the defense of alibi of where he was, with whom he was, the exact time he was there, the address of where he was has been answered. The next question is ‘what he went to do there?’

According to Jelili Raji, ‘I was similarly arrested by the police in Abeokuta due to my name being found in a suspect’s phone, who was involved in fraudulent activities and had absconded with money defrauded. He was being pursued by the police, leading to the arrest of his wife. The police were also making arrests based on the contacts in his wife’s phone, which included one of her husband’s SIM cards. I was arrested by the police in Abeokuta on the night of 15th/16th December 2016. We left Oshogbo around after 12 in the night and we arrived Eleweran in the dead night. Very early in the morning on 16, I was opened out from the cell to sign a record. I was released on bail on December 28, 2016, with instructions to report back after the new year on January 2, 2017.

Now, in this particular case, the Nigeria Police becomes the witness of Jelili Raji to corroborate his evidence. The evidence remains intact. The Police Prisoner Record PPR becomes his evidence; revisiting the overlooked alibi is very important to uncover fresh information. There is no way you can lock up a suspect without recording his details, and there is no way a suspect can be released from the police cell, either on bail or release without signing out. In this case, the Ogun State Commissioner of Police should help us look for the record of Eleweran dated 16th December 2016 to confirm if Jelili Raji is telling a lie or the truth.

We have a similar case in Agodi prison in Oyo State where the Federal SARS arrested different people from different locations and accused them of armed robbery. During our separate interviews with the inmates, we realized that one was arrested in Apata on 19 December 2012, another one claimed he was arrested in Lagos at Ore Falomo in his Barbing shop on 16th April 2013, another person said he was arrested on 18th of May 2013, the other 2 persons were arrested after the said robbery. Five of them were charged for conspiracy and armed robbery. Five of them have been standing trial endlessly. Our investigation revealed that these people did not know each other. The record shows a lot of contradictions. It was the guy who was arrested in December 2012 that even suggested to us to demand the record of the police in Apata police station that we will find his name there; the one that was arrested in Lagos said if we can demand the police record on 16 April 2013 at Oyo Dubar Police Station that we will find his name there. They were all charged for the robbery incident that happened on 10 of June 2013. When a suspect is raising the police as his alibi, I think that statement should not be overlooked by the court.

It takes our intervention to secure the freedom of those people during our case presentation to the Chief Judge of Oyo State Hon Justice Muntha Abimbola, and they were released. In this particular case, the appellant raised his alibi as the police, but because of political tussle, the police in Oshogbo, Osun State refused to investigate his alibi, the judge refused to listen to his claim of alibi, his lawyer kept mute on his claim of alibi.

According to Jelili Raji, ‘The police released the rest of the people arrested in this crime and charged me and the real suspect to court based on the influence and instruction of the king of our town, the Akirun of Ikirun, Late Oba AbdulRauf Olawale Adedeji, who insisted that I must be charged along with the real suspect in this case. He came to the police station in Oshogbo to ensure that I was charged to Court. Throughout the trial, the king always attended the Court until I was sentenced to death along with Elijah on 2/4/2020. The underlying reason for my persecution was a result of my conflict with the late king of my town who viewed me as a rival in the town since 2014 and due to political ideological differences. The king used his influence to sway the court against me, attending every court appearance until I was sentenced to death along with Elijah Oyebode on 2/4/2020.

According to Jelili Raji’s case mate Elijah Oyebode, a Taxi driver who took Jelili to Eleweran on the 2nd of January 2017 shed more light on this case: ‘I took Mr. Jelili to Abeokuta Eleweran police station on chartered, on 2/1/2017 and we returned the same day.

On 8 January 2017, I saw one of my friends with the DSS officers from Oshogbo on the allegation of Murder of a passenger that I carried to my house who died overnight, which occurred on 23/12/2016. Police traced the phone number of the deceased to my friend who stole the phone in my car unknowingly. The lady died in my house mysteriously on the night of 23/12/2016. When I was arrested, the police made arrests of everyone that I had called on my phone since the day of the incident, including Mr. Jelili Raji. Mr. Jelili Raji has no knowledge of the crime he was convicted of along with me on 2/4/2020 by the Ikirun High Court of Justice. I made this known right from the police station and before the Hon Court that I met Mr. Jelili Raji on the 1st of January 2017 for the first time in my life.

On 2/1/2017 I carried him to Eleweran. In the conspiracy, the lawyer kept mute. Our investigation to the Akure Court of Appeal to know the stages of the case shows his appeal is yet to be mentioned. Contact with his wife shows the agony the family is going through. Quite unfortunately, the king who orchestrated his misfortune has died.

Unfortunately, many Nigerian police officers do not inquire about or investigate a suspect’s alibi to secure a conviction. Few lawyers take the initiative to investigate their clients’ claims of innocence, let alone dedicate time to investigate their alibis. In capital offenses, many inmates are sentenced to death due to the deliberate efforts of the police to keep the victim in the dark. Not many lawyers take the time to investigate their clients’ alibis, and not many police officers ask suspects about their whereabouts at specific times for fear of jeopardizing their cases.

Where injustice seems to have prevailed despite the presence of a credible alibi as in this case. In situations where individuals are wrongfully convicted and sentenced to severe penalties like death, it is crucial that thorough and impartial investigations are conducted.

When you become aware of injustice or hear someone crying out for justice in your community, what concrete steps do you take to address the injustice? When justice confronts injustice, the unjust are thrown into panic.

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08025782527

By Eric Elezuo

Silec Initiatives, a not-for-profit organisation, has partnered leading United States based development organisation, Dawkins Development Group, owners of the Flip These Bricks Academy, to unveil a youth oriented programme, Beyond the Streets Project, targeted at empowering Nigerian youths towards becoming self-reliant, independent and financially empowered to contribute to the economic development of Nigeria.

The partnership was forged at a well orgainsed campaign held at the American Corner, Lekki, Lagos, with the theme, Save Our Youth, Save the Economy with veritable stakeholders including the Chairman, Ovation Media Group, Chief Dele Momodu, represented by the Group Editor, Mr Eric Elezuo; Government and people of Bayelsa State, represented by the Special Adviser to Governor Douye Diri, on Trade and Investment, Mrs. Owanari Rowland Harry; Director, American Corner, Mrs Eyo Ekpo Mfonobong; Chairman, Dawkins Development Group, Mr. Salem Daniel Dawkins; President Emeritus, WorldChicago, Mrs. Peggy Parfenoff and President, Methodist Boys High School OBA, Engr. Akinsanya Mobolaji Browne, in attendance.

Among events at the meet, was the presentation of Global Merit Award on Social Media Impact and Talent Promotion to the Special Guest of Honour, Chief Dele Momodu, who has remained an icon of lifting the young ones towards attaining their full potential.

In his speech, which accommodated the vision and mission of the campaign, the Chief host, who is also the Founder/Chief Executive Officer, Silec Initiatives, with 14 years experience in drug advocacy, Ambassador Sunny Irakpo, traced the origin and importance of the campaign, citing the need to refocus and redirect the energy of the young people to meaningful socio-economic activities. This, he said, would be achieved by attracting local and foreign investment opportunities that will result in job creation, thereby reducing crime and criminality prevalent among the youths, and highlighting drug use prevention strategy as a cardinal model in addressing drug in-take and drug related crimes.

“The program is also tailored towards refocusing and redirecting the energy of young people into meaningful socio-economic activities by attracting foreign and local investment opportunities that will result in job creation for our teeming youth population,” Irakpo said.

He frowned at the magnitude of drug use among young people, which according to the Psychiatrists Association of Nigeria report, places 85% of unhinged individuals between ages of 18 and 38 years as major culprits, calling for concerted efforts from all and sundry, especially stakeholders, to stem the tide as well as giving kudos to the leadership of National Drug Law Enforcement Agency (NDLEA) for job well done so far.

“The current drug abuse situation amongst youth across the globe, particularly in Nigeria, necessitated this gathering to help amplify our voices in our collective responsibility in rescuing our society from moral decadence, and discuss drug use prevention/demand reduction strategy in tackling Drugs and the Opioid Crisis.

“I strongly commend the administration of the NDLEA Chairman Brig. Gen. Buba Marwa (Rtd) OON , OFR for the war against drug abuse and illicit trafficking in Nigeria, but there is still more work to be done.

“According to the psychiatrists Association of Nigeria report, that 85% of unhinged individuals are youth between age 18-38years . According to the UNODC survey, as at 2018, the worse users of drugs are between agae 18-39 years. The resultant effect is an increase in mental health cases, psychosis, and criminality in the society,” Irakpo noted, stressing that the age bracket mentioned above is the livewire of any nation, and if not salvaged immediately will lead to catastrophic chain reaction.

“The economy of nations will continue to suffer, including ours, if the young individuals are not given platforms and the opportunity to constantly contribute their quota to Gross Domestic Products (GDP).”

He therefore, made an open call to well meaning Nigerians and international bodies to join hands as the scourge of drug abuse including colorado, poly drugs, combine, loud, methamphetamine, pharmaceutical products and Marijuana, is fought to a standstill, and eradicated in the society.

“On this value based path, I openly extend my appeal for support and sponsorship to well meaning individuals, the media, philanthropists, donor agencies and corporate organizations to come to the aid of the youth, for as it stands, we are overwhelmed as a people. I invite you all present to join hands with Silec Initiatives in the fight against drug abuse and give our youth a new direction…

“…It is against this background that Silec Initiatives, a pragmatic Non profit making organization is canvassing for the Real Value Dimension (RVD) as we launch the “Beyond The Streets Project” (BTS) project,” he informed.

Earlier in her welcome address, the American Corner Director, Mfonobong, had applauded the campaign and humanitarian services of Mr. Irakpo and Silec, saying they resonate with the vision of Corner, and thereby merits its attention.

“The campaign and humanitarian services of Silec Initiatives aligns perfectly with our vision, and we are proud to support value-based programmes that aim to equip young people with the knowledge and resources to drive positive change in our economy,” Mfonobong said.

Also lending her voice to the campaign, Mrs Owanari Rowland Harry, called on individuals and corporate organizations to get involved in the rescue mission towards ridding the streets of Nigeria of dissidents and indigents, who sometimes, for no fault of theirs, have gone neck-deep into drug usage while pledging continuous support of the government of Bayelsa State in the fight against drug use and abuse.

“Our administration under the Seven Pillars A.S S.U.R. E D Prosperity Agenda to Bayelsa have given priority to youth development and empowerment and addresses critical social and infrastructural gap so to help engage our youth in meaningful socio-economic activities, geared towards reducing social vices such as drug abuse in Bayelsa State and Nigeria ingeneral,” she said

The event was spiced up with a panel comprising Mrs Rowland Harry, Engr. Akinsanya Mobolaji Browne and Hon Justice O. A. Shogbola, and anchored by On Air Personality, Cordelia Okpei, where issues surrounding health and drug free society were raised and brought to the fore.

The high point of the event was the unveiling of the Beyond the Streets Project by Amb Irakpo and Mr Dawkins, who joined live from United States via zoom.

“The Project will target eligible Nigerians, who are due for empowerment, and will be given vocational training in the US under the tutelage of the Flip These Bricks Academy, owned by Mr Dawkins.

An empowerment expert, and youth advocate, Sunny Irakpo, has for over 14 years seen to development of the youths towards helping attain their full potential and not become a menace to the society.

Osun State Governor, Senator Ademola Adeleke has congratulated his nephew and global music icon, David Adeleke, popularly known as Davido on the occasion of his birthday, describing him as a superstar Osun State is proud of.

In a statement by his Spokesperson Mallam Olawale Rasheed, the Governor added that Davido’s consistency, energy and passion is evident in the result he has recorded not only in his music career but also in his life as a person.

Governor Adeleke furthered prayed for progress, more success and achievement for him while commending his continuous outreach to the orphanages and less privileged stating that it is a noble act every blessed hand in Nigeria must emulate.

He said, ” I want to rejoice with my nephew, David Adeleke Davido, on the occasion of his 32nd birthday, I am very happy we are all alive to witness it.

“Davido is a global super star that Osun state is very proud of. The consistency, energy and passion he has inserted into building his music career is evident in the result he has recorded not only in his career but also in his life as a person.

“I pray for him for progress, more success and achievement in long life, prosperity, sound health and mind.

“I equally want to commend his continuous outreach to the orphanages and less privileged. I must say that this is a noble act every blessed hand in Nigeria must emulate.

“Once again Happy Birthday to Davido”.