Falana urges Adeleke to pardon both convicts as the Constitution prohibits discriminatory treatment of citizens
By Jeph Ajobaju, Chief Copy Editor
Human lawyer Femi Falana, SAN implored Osun Governor Ademola Adeleke to pardon Morakinyo Sunday, who was arraigned with Segun Olowokere, an Osun “boy” sentenced to death over fowl theft.
Olowookere was arrested together with Morakinyo in Oyan, Osun in November 2010, accused of stealing two fowls and eggs from Tope Balogun, a policeman attached to the Divisional Police Headquarters, Okuku in the state.
On 30 January 2013, the police arraigned them before Justice Jide Falola of the state High Court in Ikirun for robbery and stealing.
Olowookere and Morakinyo were charged with allegedly conspiring in November 2010 to rob one Oguntade Faramade of his fowls and eggs worth N20,000.
The charge sheet also accused them of
- Robbing one Balogun Taye of his two mobile phones and attempting to rob another person, Umani Oyewo, in her house.
- Being armed with machetes and a dane gun to rob one Elizabeth Dare of a gallon of vegetable oil.
Both Olowookere and Morakinyo pleaded not guilty to the charges.
However, Olowooke reportedly made a confessional statement to the police in which he allegedly admitted to committing the crime.
The court convicted and sentenced Olowookere and Morakinyo to death (for conspiracy to commit armed robbery); life imprisonment (for robbery), and three years imprisonment (for stealing) on 17 December 2014.
Falana narated in a statement on Monday that “In April 2010, the Osun State Police Command arrested 6 young persons for armed robbery. 4 defendants namely Dare Sunday (15), Adedeji Samuel (15), Ojo Dare (16), Adeyemo Akeem (14) were released for undisclosed reasons.
“However, Segun Olowokere and Morakinyo Sunday were eventually arraigned in October 2012 on an 8-count charge of armed robbery. Upon arraignment of the duo, the police informed the trial court that the 4 defendants had jumped bail without any evidence that they were declared wanted!
“In the course of the trial, the defence counsel contended that the 2nd defendant (Morakinyo Sunday) was non compos mentis. The trial judge dismissed the allegation of insanity of the second defendant and proceeded with the trial.
“However, it was reported last week that Governor Ademola Adeleke had pardoned Segun Olowokere. On account of this, he has since been released from prison custody.
“While Segun Olowokere is currently breathing the air of freedom, his colleague, Morakinyo Sunday, is still languishing in his condemned cell in the Kirikiri Maximum Correctional Centre.
“Since Segun Olowokere and Morakinyo Sunday were convicted for the same offence of armed robbery and sentenced to death, the law requires that they be treated equally as section 42 of the Nigerian Constitution has prohibited any form of discriminatory treatment of citizens.
“We are therefore compelled to urge Governor Adeleke to exercise his prerogative of mercy in favour of Morakinyo Sunday by granting him pardon, as soon as possible.”
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