Osun high court sentences four to death for murder

By Richard Akintade, Osogbo

An Osun State High Court, in Osogbo, presided over by Honourable Justice Jide Falola, has sentenced four men to death by hanging for Armed Robbery and murder.

The convicts were Hammed Rafiu, 37, Rasidi Waidi, 39, Kayode Sunday, 29, and Owolabi Bashiru, 54, a security guard, who were arraigned on the 23rd day of October, 2019 on six count-charge.

The four men, who were arraigned on six (6) count’s charges of conspiracy, contrary to section 6 (b), Armed Robbery, contrary to and punishable under section 1(1) and (2) (a) (b), of the Robbery and Firearms (special provisions) Act, Cap R11, Laws of Federation of Nigeria, Conspiracy to murder, contrary to section 324, murder, contrary to and punishable under section 319, stealing, contrary to and punishable under section 390(9) and kidnapping, contrary to and punishable under section 364 of the Criminal Code, Cap 34, Volume 2, Laws of Osun State of Nigeria, 2002.

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They had pleaded not guilty to the charges preferred against them, but the court ordered their remand in correctional custody.

According to the prosecution Counsel from the Ministry of Justice, Dele Akintayo, the four men gang murdered one Victor Akinbile, a cousin’s of former Deputy Governor, Adegboyega Benedict Alabi who travelled down to Ikirun, Osun State, on the 26th day of November, 2018 to attend the swearing-in ceremony of former Deputy Governor of Osun State, Mr Benedict Gboyega Alabi and Governor Adegboyega Oyetola.

Barrister Akintayo informed the Court that Victor Akinbile who slept in his uncle’s house at Moboreje Area, Ikirun called his wife upon arrival in the said house on 26 November, 2018, to inform her of her safe arrival.

Prosecution Counsel further said that Owolabi Bashiru, a security guard opposite the house informed the Hammed Rafiu, Rashidi Waidi and Kayode Sunday that Victor Akinbile had arrived from Lagos and lodged in a house directly opposite his duty post at Basorun House Moboreje Area, Ikirun on 26 of November, 2018.

The convicts, who were reportedly armed with offensive weapons, jumped the fence into the house owned by Victor Akinbile’s uncle; they were armed with guns, cutlasses and other dangerous weapons during their armed Robbery operation, and they forcibly gained entrance into his room where Victor slept.

Having gained entrance into the house through burglar window they demanded the sum of Ten million Naira from Victor who told them he didn’t have up to that amount.

He disclosed that he had five Million Naira in his Bank account.

He transferred a sum of Three Million Naira to Hammed Rafiu’s Bank account in United Bank for Africa (UBA), who collected hundred of thousands of Naira cash from the victim, having threatened to kill him.

After collecting three Million Naira and hundred of thousands Naira Cash from him, the Convicts later kidnapped Victor Akinbile and put him inside his Toyota Camry car boot and drove him to Dominion Camp, area old Iragbiji road on Ikirun/Osogbo road and set him and car ablaze which caused the death of Victor Akinbile.

During the trial investigation, it was disclosed that Hammed Rafiu, Rashidi Waidi and Kayode Sunday had earlier robbed Alhaji Azeez Olusegun behind Oluwo’s House Eweta, Ikirun on October 8, 2018 where the trio stole a Toyota Camry (muzzle) with registration number JJJ 371 AA LAGOS, and also collected ₦620,000.

Hammed Rafiu and Rashidi Waidi were arrested at Ogijo in Ogun State, Kayode Sunday in Ondo State, while Owolabi Bashiru was nabbed in Ikirun.

Barrister Akintayo had earlier called four (4) witnesses and tendered several exhibits before the Court, where the convicts testified by themselves.

Counsel to Owolabi Bashiru, fourth accused person, Barrister S.B Ajibade and Adedayo Adedeji counsel to Hammed Rafiu, Rashidi Waidi and Kayode Sunday earlier told the court that there was no evidence to show that the accused persons held a meeting before the Robbery incident,and urged the Court to discharge and acquit the accused.

Justice Falola agreed that prosecution Counsel Dele Akintayo Esq. has proved his case beyond any reasonable doubt and convicted them on six-count charges preferred against them.

In his judgment Justice Jide Falola sentenced them accordingly, count one, life imprisonment; count two death Sentence; count three life imprisonment; and, count four death; count five, five-year imprisonment and count six, seven-years imprisonment.

Justice Falola said the case was technology-assisted and he applauded the Nigeria police for their efforts in tracking down the convicts location and their bank accounts.

He further ruled that all the cash recovered from convicts and cash in their Bank accounts should be handed over to the wife of the deceased, with the recommendation that none of the convicts should benefit from any State pardon, such as prerogative of mercy and any such other.

In another development, an Osun State High Court, sitting in Osogbo also on Monday sentenced two persons, Mutiu Azeez (a.k.a Tompolo) 41, and Afolabi Mayowa, 35 to death by hanging for armed robbery and other offences.

The accused were arraigned before Justice Jide Falola on 2nd of December, 2018 on four counts charge bordering on conspiracy to commit Armed Robbery, armed robbery, Conspiracy to murder and murder.

The offenses contravened Sections 6(b), (2) (a), (b), of the Robbery and Firearms (special provisions) Act, Cap R11, Laws of the Federation of Nigeria,2004, section 324, and 319 of the Criminal Code, Cap 34, Volume 2, Laws of Osun State of Nigeria, 2002.

According to the prosecution Counsel representing the Ministry of Justice, Barrister Dele Akintayo told the Court that Mutiu Azeez and Afolabi Mayowa on 1 day of July, 2018 between 6.00am and 7.00am around saaji Village, conspired together and hired a (motorcyclist) popularly known as Okada own by one Olatokun Mayowa from Iragbiji and told him to take them to Egbeda on agreed price of 300.00 only.

Witness called by Prosecution Counsel revealed that Mayowa bike a man carried accused persons to Egbeda village via Iragbiji when the accuses persons stopped him at Saaji Village along the road inside bush and dragged to the bush having armed with cutlass and other dangerous weapons.

They forces him down from motorcycle and collected the key of bike from him and tied his neck with three and broken his head with stone because victim known one of them which led to his sudden death.

They Robbed Victim,#1,400 and bajaj motorcycle they droves motorcycle to Osogbo and Mutiu Azeez gave ₦600 six hundred Naira to Afolabi as transport fare to him Iragbiji, and Mutiu Azeez too the motorcycle to Ibadan and sell it for ₦120,000 and later arrested by vigilante and policeman and they made a confessional statement on how they killed owner of the motorcycle.

Barrister Akintayo called one witness to testified and to support his case and tendered several exhibits to support his case.

Justice Jide Falola said that prosecution Counsel has proof his case beyond a reasonable doubt and found them guilty in four counts preferred against them.

Counsel to the accused persons Barrister Adedayo Adedeji told the court to temper the Justice with mercy After they were convicted by the judge.

In his judgment Justice Falola sentenced them to death for Armed Robbery and murder and seven years improvement for conspiracy.