A former DPO attached to Pen Cinema Police Station, Agege, Segun Fabunmi has been jailed. Fabunmi, who
resides at 12 Oyewole Street, Ogudu, Lagos, 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.
resides at 12 Oyewole Street, Ogudu, Lagos, 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.
At the time of the incident, the convict was the DPO
attached to Pen Cinema Police Station, Agege suburb area of Lagos state.
attached to Pen Cinema Police Station, Agege suburb area of Lagos state.
The convict had led seven other police officers to
Yaya-Abatan area of Ogba after he received a distress call that hoodlums at
Yaya-Abatan Junction, Ogba Agege were breaking people’s windscreens and holding
innocent people hostage.
Yaya-Abatan area of Ogba after he received a distress call that hoodlums at
Yaya-Abatan Junction, Ogba Agege were breaking people’s windscreens and holding
innocent people hostage.
The Judge said that though there was indeed a mob at the
scene of the incident, but concluded that he gave conflicting testimonies on
whether or how an attempt was made to snatch his AK47 rifle and who fired the
weapon.
scene of the incident, but concluded that he gave conflicting testimonies on
whether or how an attempt was made to snatch his AK47 rifle and who fired the
weapon.
She also rejected the defence counsel’s argument that the
shooting was as a result of an accident when the convict was struggling with
the mob to retain possession of his rifle.
shooting was as a result of an accident when the convict was struggling with
the mob to retain possession of his rifle.
Justice Akinlade said that based on the evidence before her
Court the only conclusion that can be drawn is that the convict recklessly shot
his rifle and in the process the bullet hit the deceased. He definitely knew
that shooting an AK47 can cause grievous bodily harm to anyone the bullet hits.
Court the only conclusion that can be drawn is that the convict recklessly shot
his rifle and in the process the bullet hit the deceased. He definitely knew
that shooting an AK47 can cause grievous bodily harm to anyone the bullet hits.
“The fact that he was on a lawful duty did not mean that he
should have shot his gun sporadically.” the Judge said.
should have shot his gun sporadically.” the Judge said.
The judge further held that the prosecutors Lagos Director
of Public Prosecution, DPP, Mrs. Idowu Alakija and Assistant Director Mrs.
Abiola Adeyinka, satisfactorily proved the offence of murder beyond reasonable
doubt but that the evidence provided by the defence team led by Mr. George
Oguntade SAN, availed the convict of the defence of provocation, resulting in
the lesser charge of manslaughter.
of Public Prosecution, DPP, Mrs. Idowu Alakija and Assistant Director Mrs.
Abiola Adeyinka, satisfactorily proved the offence of murder beyond reasonable
doubt but that the evidence provided by the defence team led by Mr. George
Oguntade SAN, availed the convict of the defence of provocation, resulting in
the lesser charge of manslaughter.
She said: “The defence of provocation will avail the
defendant. It is evident that there was no time for his passion to cool before
the gun was fired.”
defendant. It is evident that there was no time for his passion to cool before
the gun was fired.”
Ade, a fashion designer, was shot around 9am on January 9,
2012, when the convict led a patrol
team comprising seven junior officers to Yaya-Abatan and Abeokuta
Streets around Ogba area of Lagos.
2012, when the convict led a patrol
team comprising seven junior officers to Yaya-Abatan and Abeokuta
Streets around Ogba area of Lagos.
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