Skip to main content

Breaking: Appeal Court okays 10 years imprisonment for ex-Pen Cinema DPO

The late Ademola Aderintola killed by the ex-Pen cinema DPO

The Court of Appeal in Lagos on Thursday affirmed the judgment of a Lagos High Court in Igbosere sentencing a former Divisional Police Officer (DPO) attached to Pen Cinema Police Station in Agege, Segun Fabunmi to 10 years imprisonment for the killing of one Ademola Aderintola Daramola during the January 9, 2012 protest against fuel subsidy removal in Lagos.

Justice Olabisi Akinlade of Lagos High Court had, on December 14, 2015, convicted and sentenced Fabunmi to 10 years jail term for manslaughter following the death of Ademola during the fuel subsidy protest in Lagos.

Justice Akinlade also found Fabunmi, a dismissed Chief Superintendent of Police (CSP), guilty of shooting three other persons – Alimi Abubakar, Egbujor Samuel and Chizorba Odoh, during the protest, thereby causing them grievous bodily harm.

Fabunmi, of No. 12 Oyewole Street, Ogudu, Lagos, who joined the police in 1984, was arraigned on May 5, 2013 by the Lagos State Government on a seven-count charge bordering on murder, attempted murder and causing grievous bodily harm.

Dissatisfied with the Lagos High Court judgment, Fabunmi filed a notice of appeal at the Apeal Court in Lagos to challenge the judgment of the lower Court, and urged that it should upturned.

Fabunmi’s counsel, Mr. C.J Jiakponna, had specifically urged the court to allow the appeal and acquit the appellant.

On the other hand, the Lagos State Government represented by the State’s Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, urged the court to affirm the decision of the lower court and dismiss the appeal for lacking in merit.

After considering the arguments canvassed by the counsel to the appellant (Fabunmi) and respondent (State Government), the Appeal court held that the issue of the identity of the deceased raised by the appellant was not material since it was not in doubt that the appellant shot the deceased.

The court specifically punctured the argument of the appellant, saying that the defence of accident and self-defence would not avail the appellant because “these defences were mutually exclusive.”

“The appellant, being a seasoned police officer, could have reasoned to use rubber bullet, teargas etc on the mob rather than resorting to lethal weapon (AK 47).

“The use of AK 47, a lethal weapon, convinced the lower court that the appellant had intention to cause grievous bodily harm and the defence of accident could not avail the appellant since there was clear evidence that he shot at the deceased and other persons,” the Appeal Court held and dismissed the appeal for lacking in merit.

-Kazeem Ugbodaga

Labels:

Comments

Post a Comment

Popular posts from this blog

Court grants Fani-Kayode N50m bail

Fani-kayode sandwiched by EFCC officials Justice James Tsoho of the Federal High Court Abuja on Thursday granted a N50m bail to former spokesman of the Goodluck Jonathan Campaign Organisation, Chief Femi Fani-Kayode. Fani-Kayode was arraigned by the Economic and Financial Crimes Commission (EFCC) on a five-count charge of money laundering to the tune of N26m. Fani-Kayode is the sole defendant in the fresh charges numbered, FHC/ABJ/CR/140/2016. The EFCC accused the defendant of diverting 26 million Naira allegedly received from the ONSA while Sambo Dasuki was in office. The anti-graft agency also accused him of handling the said N26 million without going through financial institution as required under the Money Laundering Act. The embattled former minister is already facing 17-count charge of money laundering before the Lagos Division of the court, along with a former Finance Minister; Nenadi Usman, Danjuma Yusuf and a firm; Joint Trust Dimension Nigeria Limited. They were charg
Post a Comment
Read more

FG berates US congressman over comment

Lai Mohammed, Minister of Information and Culture Photo: Femi Ipaye/PM News The Federal Government has described as sadly out of tune with reality the published letter from US Congressman Tom Marino to Secretary of State John Kerry, asking the US to withhold security assistance to Nigeria on the strength of some imaginary infraction by the Buhari Administration. In a statement issued in Abuja on Sunday, the Minister of Information and Culture, Alhaji Lai Mohammed, said Congressman Marino was poorly informed about the issues he commented on, wondering why he did not take the pains to get first hand information from the US Embassy in Nigeria or any other credible source before engaging in what is nothing but a ‘propaganda of his own imagination’. The Minister said by asking the US to refrain from selling warplanes and other military equipment to Nigeria based on a faulty premise, the Congressman has demonstrated a poor understanding of global security issues. ”Insecurity anywhere i
Post a Comment
Read more

Aubameyang leads Gabon to Nations Cup

Pierre-Emerick Aubameyang Pierre-Emerick Aubameyang leads the cast for Gabon as the hosts became the first team to name their final 2017 Africa Cup of Nations squad. The team captain and Borussia Dortmund star will lead the home players out for the opening game of the tournament against debutants Guinea-Bissau on 14 January in Libreville. Gabon have also named Sunderland midfielder Didier Ndong despite the player being left out of November’s World Cup qualifier in Mali. Ndong was in the capital city Libreville but failed to turn up for international duty ahead of the Mali game last month, forcing the Gabonese Football Federation [Fegafoot] to send him back to England. But a remorseful Ndong, who held clear-the-air talks with Fegafoot has been included in a 23-man Panthers squad. Other names to make the final party include Juventus midfielder Mario Lemina, Bruno Ecuélé Manga of Cardiff City and China-based striker Malick Evouna. Gabon coach José Antonio Camacho included three do
Post a Comment
Read more