COURT
AN Osun State High Court, sitting in Osogbo on Monday sentenced three persons to death for killing a 400 level student of Osun State University (UNIOSUN), Osogbo on the 26th of June, 2017.
The convicts, namely AbdulRafiu Zakariyahu, Yusuf Kareem, Ayuba Ibrahim, Isiaq Yusuf and AbdulKareem Adeoti were docked before Justice Kudirat Akano for the gruesome murder Mr Timileyin Shonibare, who was a 400-level student of Microbiology department in UNIOSUN.
The convicts were arraigned on three count charges of conspiracy, murder and misconduct.
According to the state prosecution, the offences contravened provisions of sections 516, 319(1) and 519 of the Criminal Code Cap 34, Vol 11, laws of Osun State, 2002.
They had pleaded not guilty to the charges of the offences purportedly committed on June 26, 2017, at Oke Baale area, Osogbo.
Delivering her judgment Justice Akano held that, with the totality of evidence and statement of the accused, the 1st, 2nd and 3rd accused persons, Zakariyahu, Kareem and Ibrahim, caused the death of the deceased.
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She affirmed that the 1st convict had admitted in his confessional statement that he killed Timileyin, while the prosecution had proved the case against the 2nd and 3rd accused as accomplices in the killing.
The court, however, ruled that there was no concrete evidence before the court that the 4th and 5th accused, Yusuf and Adeoti were involved in the killing of the undergraduate student.
But, the court convicted the 5th accused, Adeoti, for aiding the escape of one Yahya, who is now at large, saying “the 5th accused is the godfather of the criminal.”
Justice Akano averred that “he did not make effort to report to the police after five days he was aware of the killing. He assisted Yahya to escape.”
Meanwhile, the court discharged the 4th accused, Yusuf who is the leader of Jafariyah, concluding that there was no evidence against him before the court.
Counsel to the 1st convict, Barrister A. A. Alayoku urged the court to temper justice mercy on his client, saying he is a first offender and very young, just as he argued that the convict had learnt his lesson while.he was in prison.
Counsel to the 2nd, 3rd and 5th convict, Mr Kazim Badmus, urged the court to be lenient on the convicts. He said the 2nd and 3rd convicts are young and can be useful to the society.
The Counsel told the court that the 5th accused was aged and was depended upon by many children and old people, pleading with the court to consider almost two years that the convicts have been in prison.
But, Justice Akano, said the convicts did not show any mercy to the deceased when they killed him with a pestle, severed his head and roasted it with intent to use it for the ritual.
She thereby sentenced the 5th accused to two years imprisonment, saying the jail term should run concurrently.
The court also sentenced the 1st, 2nd and 3rd convicts to 7 years jail for conspiracy, two years for misconduct and sentenced them to death for the murder of their victim, Timileyin Shonibare.
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