The governor of Osun State, Mr Ademola Adeleke, has directed the state’s attorney general and commissioner for justice to do a thorough investigation in the case of a fowl thief who was on death row without parole.
In a statement on X.com on Tuesday, Adeleke directed the state’s attorney general to initiate processes to grant the young man a prerogative of mercy.
“I have received the report of a case of a young man reportedly sentenced to death by hanging in Osun State for stealing a fowl.
“Consequently, I have directed the Attorney General and Commissioner for Justice, Osun State, to commence a full investigation into the matter and initiate processes to grant prerogative of mercy to the young man.
“Osun is a land of justice and equity and must ensure fairness and protection of the sanctity of lives. I assure members of the public that this matter is receiving my direct attention with every sense of urgency also attached to our response to the matter.”
The case involved two young men who were reportedly arrested in 2010 and sentenced to death by hanging in 2014 after being convicted of stealing a fowl.
According to FIJ, Justice Oyejide Falola, who was retired by the National Judicial Council (NJC) in 2023, sentenced Segun Olowookere and Morakinyo Sunday to death by hanging in December 2010 for stealing fowls in Osun.
They were charged with conspiracy, robbery and stealing, offences that were contrary to Section 6(b) and 1(2)(a) of the Robbery and Firearm (Special Provisions) Act, cap R 11 Laws of Federation of Nigeria 2004 and Section (390)(1) Criminal Code Law, Cap 34, Laws of Osun State, 2002.
Under Section 2 (a) (b) of the Robbery and Firearm (Special Provisions) Act, the punishment for robbery is death by “hanging” or “firing squad”.
“2 (a) any offender mentioned in subsection (1) of this section is armed with any firearms or any offensive weapon or is in company with any person so armed; or (b) at or immediately before or immediately after the time of the robbery the said offender wounds or uses any personal violence to any person, he offender shall be liable upon conviction under this Act to be sentenced to death,” the section reads.
“(3) The sentence of death imposed under this section may be executed by hanging the offender by the neck till he is(sic) dead or by causing such offender to suffer death by firing squad as the governor may direct.”
Olowookere and Sunday were found to have broken into the residence of Balogun Tope, a police officer in Okuku, Osun State, and stolen some of his properties.
With six witnesses, the solicitor general of the state, Mr Abiola Adewemimo led the prosecution to inform the court that Olowookere (then 17 years old) and Sunday were seen around the officer’s building on November 13, 2010, with a cutlass and a Dane gun.
The prosecution also stated that the convicts had confessed that it was not the first time they would steal fowls belonging to the complainant.
“They also stated that they had earlier robbed Alhaja Umani Oyewo in her house and stole broilers, eggs and kegs of vegetable oil from the house,” Adewemimo told the court.
Based on Adewemimo’s submission, Falola, then sitting judge at the Okuku Division of the Osun High Court, convicted the two men as follows: death sentence for conspiracy; life sentence for robbery; and three years imprisonment for stealing.
Considering the fact that they were minors, Falola then recommended that the state governor could use his prerogative to commute the death sentence to 10 years imprisonment.
