From Priscilla Ediare, Ado-Ekiti

An Ekiti State High Court sitting in Ado Ekiti has sentenced 49-year-old Akinola Ademola to death by hanging.

The convict was arraigned before Justice Lekan Ogunmoye in December, 2020, for offences of armed robbery and murder of his elder brother.

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 honourable 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.”

A witness, Ogunnusi Anike, who testified before the court said, “myself 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 the bush pointing a gun at the deceased and I shouted, “Tunde, Tunde, run, run, somebody is pointing gun at you; then I took to my heels. While running, I heard the sound of a gunshot. I later saw a passerby on the road and 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 an unknown person.”

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Another witness testified that the deceased and his younger brother once had an altercation on management of their father’s farm properties. During police investigation, the deceased motorcycle was found in his younger brother’s possession and he had changed the number plate, but the discovery was made through the motorcycle’s documents.

The prosecution said the offences contravene section 402 (2) and 319(1) of Criminal Code Law, Cap C16, Laws of Ekiti State of Nigeria, 2012. To prove his case, the prosecutor, Barrister Kunle-Shina Adeyemi, called four witnesses and 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, among others, as exhibits.

The defendant spoke through his counsel, Olarewaju Oluwasola, and called no witness.

In his judgment, Justice Lekan Ogunmoye said “the ingredients of the offences of armed robbery and murder had been established against the defendant, thus, implying that the charge of armed robbery and murder had been proved beyond reasonable doubt against the defendant.

“In all, the prosecution had succeeded in convincing the court to resolve the sole issue for determination in his favour and I do so. 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) until he be dead, may the Lord have mercy on your soul.”