It is common today in Nigeria to read reports of missing persons. Some fall victim to kidnappers, money ritual, unlawful arrests, among many others. YEJIDE GBENGA-OGUNDARE reports the calamity which befell Shina Oketaolegun, who was unlawfully arrested in 2002, imprisoned and at some point placed on death row before he regained his freedom on June 23, this year.
When Shina Oketaolegun left home on August 27, 2002 for the automobile workshop where he was an apprentice in Ibadan, he had high hopes of having a fulfilling day and coming back home without issues. Shina, a native of Ijebu Igbo, Ogun State, went out that day a free man and lost his freedom for 20 years as he was imprisoned for 20 years for an offence that could not be proven. He was said to have been involved in conspiracy and murder, before he was saved by Pastor Hezekiah Okujobi through the Centre for Justice, Mercy and Reconciliation (CJMR).
Journey to prison
Narrating his story, he said: “On 27/8/2002, I left home for work as an apprentice at a mechanic workshop located at Ojoo, opposite NISER in Ibadan. When I got to work, one of my seniors told me I would be travelling with Mr. Kingsley Omoreighe to Ijebu Ode to bring his car which developed a mechanical fault. Kingsley’s father was my master’s customer and Kingsley usually brought his car for servicing at our workshop. On the instruction of my senior, Mr. Ojo Gogo, I took the necessary instrument and followed Kingsley to Ijebu Ikoto via Ijebu Ode.
“When we arrived, I was asked to stay outside the compound while he went inside. Not long after, I started hearing noise upstairs but I didn’t know what was happening. I later heard that immediately we entered the compound, someone had gone to invite local vigilante to arrest Kingsley. They passed by me downstairs and went up to Kingsley. That was how we were arrested and taken to Igbeba Police Station, Ijebu Ode.
“On the third day, we were told that the old man had died in the hospital. I left Ibadan to check a vehicle not to fight or kill. There was no offensive weapon with Kingsley by the time we were living Ibadan or as at when we reached Ijebu to make me suspicious of any evil plan. It was in the police cell I got to know that Kingsley was an employee to the deceased, who had a poultry where Kingsley worked as a driver.
“It was also in the cell I got to know that there was a misunderstanding between them. I learnt Kingsley had attempted to take one of the cars of the man before they collected it from him. And after two weeks in police cell, we were taken to Eleweran where we spent over a month. I led police from Eleweran to Ibadan to see my senior, Mr Ojo, who instructed me to follow Mr. Kingsley to fix his car. He confirmed to the police that it was true but he was also arrested and detained with us.
“Later Kingsley and I were charged to court with murder while Mr. Ojo was released. The trial lasted for two and a half years; we were found guilty of conspiracy and murder and sentenced to death on Monday, March 7, 2005 by Justice Ibikunle Desalu of High Court 1, High Court of Justice, Ijebu Ode. That day was the worst day of my life. When the judgment of death sentence was pronounced on me, it was as if a big tarpaulin fell on me. My body became so heavy. Same day we were moved to death row at Ibara Prison Abeokuta where I had my portion with those waiting for the hangman’s noose.”
Death row experience
“When I entered the prison, it was full of darkness; those in could see me but I could not see them. I was guided by one of the inmates to have my seat. We were eight in that small cell. The whole cell was silent. Not long after, I fell asleep and woke up. I was consoled by those I met there. They asked about my story and the next day, we were opened to the record for admission. Having explained my story of innocence to whoever cared to listen, they prayed for me and encouraged me to continue praying and truly, that situation drew me closer to God.
“The three years that I spent on death row was like 30 years. I was in the hospital for six months after taking ill in the cell. It was by God’s mercy that I survived the illness. I was three years old when my mother died; I was 13 years old when my father died. We were two siblings by my parents. I am the only one alive. I grew up with my father’s younger brother; he was the one who sent me to school. I couldn’t complete my secondary education because of finance. And as a result of that, I became an apprentice at a mechanic workshop. All these compounded my health challenges. When you are locked up for a crime you know you did not commit, it is enough to cause mental torture.”
From death row to life imprisonment
“While on death row, my lawyer filed an appeal against the conviction of death sentence on April 1, 2005 and the Court of Appeal changed the murder to attempted murder and then commuted my death sentence to life imprisonment on April 14, 2008. The judgment baffled me when I was told that my case was changed to attempted murder and that I was given life imprisonment. I wondered if the man did not die. But nevertheless, I gave glory to God that I was moved from death row to the prison yard.
“The second time I had encounter with death was when I was serving life imprisonment at Ijebu Ode. I took ill terribly but it took the mercy of God again. I survived these problems through the support I received from Christians visiting the prison. They paid for my medical bills and supported me with provision.”
Getting financial independence in prison
“While I was in the prison, I learnt fashion designing. I sat for my National Examination Council Examination and my result was good; I had distinctions. I graduated from Bible schools and I got two levels of Bible school certificates. Though I was to spend my life in prison, I had faith. I also used to dream a lot throughout my experience. The most profound dream I had was while I was on death row. I saw my father telling me I would get deliverance and after that I never saw him again in my dreams but that gave me hope that truly God would deliver me. Prison is not a good place to go, but it is the best place to learn.”
How we secured his freedom—CJMR
Pastor Hezekiah Olujobi, the executive director for the Centre for Justice Mercy and Reconciliation (CJMR), the organisation that championed Shina’s freedom, told Nigerian Tribune the process followed. He said, “when we get complaints about innocent people in prison, what we first do is to get the whole court proceedings for review. If we find such case worthy of intervention, we will put forth our appeal to the Board of Prerogative of Mercy in order to have a second look. What we are creating is an opportunity for these victims to be heard.
“We are not pleading for a criminal but for the board to see the possible need to look into the case and recommend such person to the governor for amnesty through the Board of Mercy. In this particular case of Shina Oketaolegun, we obtained the record of proceedings from the High Court to the Supreme Court for review, we cannot conclude that an innocent has been truly convicted or justice has been done to the criminal but on the ground that someone who was convicted on a murder charge was later commuted to attempted murder with life imprisonment is what made us curious.
“According to Hon Justice John Iyang Okoro, in his reasoning, he said ‘Let me state clearly from the outset that in this case, there is no direct evidence that the appellant killed the deceased in the sense that nobody saw when the deceased was stabbed to death by the appellant. The case of the prosecution was built on circumstantial evidence since there was no eyewitness account as to the person who inflicted the injuries on the deceased.’
“From our findings, medical report says the man died as a result of hypertension and diabetics. These and many other points were put into consideration and we forwarded our appeal to Governor Dapo Abiodun through the office of the Attorney General of Ogun State in 2020. Our mother, the late Reverend Omotola Oyediran, nee Awolowo, during her life time, was part of signatories to the Board of Prerogative of Mercy on behalf of Shina Oketaolegun. I also want to say here that through the joint effort of the office of welfare, Correctional Service, Ijebu Ode, we were able to achieve this great success in Ogun State.”
One month after freedom
Speaking on his release, Oketaolegun stated that: “I am like a new born baby. I am learning to crawl again and to walk. I have several options before me on what to do but I am counting on God and the guidance of good people like CJMR, where I am presently under their supervision. I want to thank those who have supported me and stood by me during my trial, most importantly the welfare correctional officers at Ijebu Ode, my lawyers, most importantly, Dipo Olasope (SAN), who took on my case file and pursued my case to the Supreme Court in 2014/2015 after my appeal failed in 2008. I want to thank the entire members of Centre for Justice Mercy and Reconciliation (CJMR), most importantly Pastor Hezekiah Olujobi, who has been a strong voice in my journey to freedom since 2020 till this victory was achieved.”
and then