Victor Ogunje
An Ekiti State High Court sitting in Ado Ekiti, has sentenced a 49-year old Mr. Akinola Ademola, to death by hanging for killing his own elder brother.
Passing the verdict yesterday, the Presiding Judge, Justice Lekan Ogunmoye, said: “The ingredients of the offences of armed robbery and murder had been established against the defendant; thus, implying that the charges of armed robbery and murder had been proved beyond reasonable doubt against him.
“In all, the prosecution had succeeded in convincing the court to resolve the sole issue for determination in his favour and I so do. “The defendant is accordingly convicted as charged for the offences of armed robbery and murder.
“The defendant is sentenced to death by hanging in count one (armed robbery) and count two (murder). May the Lord have mercy on your soul.”
The convict was arraigned before Justice Ogunmoye in December 2020 for offences of armed robbery and murder of his elder brother.
According to the prosecution, the offences contravened section 402 (2) and 319 (1) of Criminal Code Law, Cap C16, Laws of Ekiti State of Nigeria, 2012.
The charge reads: “That Akinola Ademola, on November 19, 2019, at Usin Ekiti in Ikole Local Government Area of Ekiti State, within the jurisdiction of this honorable court, did rob one Akinola Tunde of his Bajaj Motorcycle with registration number ADK 011 VC. At the time of the robbery, you were armed with offensive weapon, to wit: gun.
“On same date, time and place did murder the victim, Akinola Tunde.”
An Eyewitness, Mr. Ogunnusi Anike, who testified before the court, said: “I and the deceased were in the farm, going on a footpath, the deceased was riding his Bajaj motorcycle while I was trekking because the foot path was very rough.
“Suddenly, I saw somebody inside bush pointing a gun at the deceased. I shouted and told Tunde to run. I took to my heels. While running, I heard sound of a gunshot. I later saw a passerby on the road, when I explained what happened to him, he accompanied me back to the scene. On getting there, we met the deceased face down in the pool of his own blood. His motorcycle had been taken away by unknown person.”
Another witness testified that the deceased and his younger brother once had altercation on management of their father’s farm and property, which also established a prima facie against the convict.
During police investigation, the deceased motorcycle was found in his younger brother’s possession, but he had changed the number plate.
To prove his case the Prosecutor, Mr. Kunle-Shina Adeyemi, called four witnesses while he tendered statement of the witnesses, statement of the defendant, two locally made guns, photograph of the defendant posing with the motorcycle, motorcycle particulars, and medical report.
