JUSTICE Munta Abimbola of Court 1, Oyo State High Court sitting at Ring road in Ibadan on Monday sentenced 29-year-old Yewande Oyediran (nee Fatoki), a lawyer with the Oyo State Ministry of Justice who was alleged of unlawfully causing the death of her 38 years old husband, Lowo Oyediran, to seven years imprisonment after finding her culpable of manslaughter.
Yewande was arraigned before Justice Abimbola in February 2016 in a suit delineated I/11c/2016, three days after her first arraignment before Magistrate Kehinde Durusaro in a suit delineated MI/153c/2016 on a lone count of murder.
The single charge read, “That you Yewande Oyediran ‘F’, on the 2nd day of February 2016, at about 6.10am at No 30, Abidi Odan, Akobo Area Ibadan in the Ibadan Magisterial District did unlawfully cause the death of one Oyelowo Oyediran ‘M’ aged 38 years by stabbing him with knife on the neck which later resulted to his death thereby committing an offence contrary to Section 316 and punishable under Section 319 of the Criminal code Cap 38 Vol II Laws of Oyo state”
She had pleaded not guilty to the charge and hearing had continued in the matter for almost two years within which the prosecution called nine witnesses and tendered 10 exhibits while the defense called seven witnesses and tendered 16 exhibits.
The prosecution witnesses are Dr Ariyo Olusegun Gabriel, ASP Gbenga Oladepo, Corporal Onatayo Ipinlaiye, Chief John Adelodun (the landlord), Mrs Esther Omotayo Akinpelu, Olubunmi Onipede, Professor Oluwasola Abideen Olayiwola, a consultant pathologist at the University College Hospital and the person that conducted the autopsy, Inspector Oladeji Olayemi and Popoola Ibrahim (the photographer)
The defense witnesses were Kayode Oloyede, James Oluwatuyi who was subpoenaed from MTN Telecommunications to submit call logs for two telephone numbers, Akinwumi Stella Oyeniran, Dr Sefiu Kamorudeen Isola, Bolaji Fatoki Olufunmilayo, Michael Folorunsho Lana and Yewande Oyediran.
Justice Abimbola in his two and a half hours ruling held that the issues for determination is whether the evidence of Chief Adelodun and his wife, Esther is credible enough to be believed, whether the charge was proved with mathematical precision and whether the prosecution proved its case beyond reasonable doubt.
In determining the matter, Justice Abimbola stated that no event happens in a vacuum and as a result surrounding circumstances must be considered, adding that the fact of death is a common one that was confirmed by all prosecution and defense witnesses who all agreed that Oyelowo Oyediran died on February 2, 2016 at Banby Hospital in Akobo.
The court further held that all witnesses agreed that the death was not a natural death as it was caused by a stab wound injury to the neck from a knife. According to the court, the failure to produce or identify the exact knife used in the murder was of no consequence as it was established that a knife was used.
The court noted that only the witnesses that saw the actual stabbing only witnesses can give good account of what happened, adding that the testimony of Defense witness 6, Michael Lana, a legal practitioner indicating an accident and involvement of Prosecution Witness 4 was not corroborated even by the defendant.
“I reject it as hearsay or untruth. DW6 testimony is ridiculous and a monstrous narration,” the court ruled, holding that from all testimonies and exhibits tendered by prosecution, Yewande has been proved to be responsible for stabbing Lowo as she also confirmed in her testimony that no one was present during their struggle with the knife.
According to the court, the prosecution had proved beyond reasonable doubt that Yewande was responsible for stabbing her husband but failed to prove that the act was premeditated, adding that there was no way a squabble between a husband and his wife who were living together will be taken as premeditated murder as it was a spontaneous fight
In his Allocutus, the defense counsel, Leye Adepoju stated that the court should consider the fact that Yewande had never been a convict and has never faced a criminal trial, adding that the court should consider the effect of a conviction on her as a legal practitioner. According to him, it is unfortunate that atimes, emotions get the better of people, asking the court whether the term of imprisonment should be allowed to ruin the life of the defendant or reform it and asking the court to hold that imprisonment is not to ruin but to reform and suggested that the court give her the least conviction by considering the natural outcome of a conviction which includes loss of job.
But the court held that she should have considered that she is a legal practitioner who should know better especially after the first incident that led the husband for treatment in the hospital as findings revealed that the deceased was not aggressive at this time and been given an injection that weakened him, adding that couple needs to know they cannot mould each other from what they are.
On his part, the private Prosecutor, Sanyaolu Akinyele thanked the court for the sound judgment which he said was similar to one given in the United States in a similar case involving a Nigerian couple, Temitope and Yinka Adebamiro, where the wife was sent to a correctional home, adding that reformation activities can be done for the defendant in prison since such a facility does not exist in Nigeria.
In his final words, Justice Abimbola stated that, having considered the plea of leniency by the defense counsel and all the circumstances put forward by the defendant, I shall be lenient. The defendant is hereby sentenced to seven years imprisonment and the terms of her imprisonment commence s from the day of her arrest,”
and then