Ekiti man who killed brother over father’s property to die by hanging

He 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 19th of November 2019 at Usin Ekiti in Ikole Local Government Area of Ekiti State, within the jurisdiction of this honorable 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 an offensive weapon, to wit; gun.

“On same date, time and place did murder the victim, Akinola Tunde.”

An eyewitness, Ogunnusi Anike, who testified before the court said, “myself and the deceased were on the farm, going on a footpath, the deceased was riding his Bajaj motorcycle while I was trekking because the footpath was very rough, suddenly, I saw somebody inside bush pointing a gun at the deceased, I shouted, “Tunde, Tunde, run, run, somebody is pointing a 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 blood, his motorcycle had been taken away by an unknown person.”

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

According to the prosecution, the offences contravene sections 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, he tendered statements of the witnesses, statements of the defendant, two locally-made guns, a photograph of the defendant posing with the motorcycle, motorcycle particulars, and a medical report, among others as exhibits.

The defendant spoke in his own defense through his counsel Olarewaju Oluwasola and called no witnesses.

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 so do.

“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,” he said.