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.
At the time of the incident, the convict was the DPO 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.
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.
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.
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.
“The fact that he was on a lawful duty did not mean that he 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.
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.”
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.