An Osun State High Court sitting in Osogbo has sentenced two men, Toriola Abel and Adeola Adebowale, to death by hanging for conspiracy and armed robbery committed in the state in 2014.
The convicts were found guilty of robbing victims in the Kelebe area of Osogbo, following a trial in which the prosecution established their involvement in the crime.
The prosecution, led by Wuraola Mosunmola, told the court that the defendants conspired with another suspect, who is still at large, to carry out the robbery.
During the trial, the prosecution called witnesses and tendered exhibits, including a locally made firearm allegedly used in the operation. The exhibits were admitted in evidence by the court.
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Delivering judgment on Thursday, Justice Yinka Aderibigbe held that the prosecution had proved the two-count charge of conspiracy and armed robbery against the defendants beyond reasonable doubt.
Before the judgment, defence counsel, Ifedayo Olowoyo, had appealed to the court to temper justice with mercy, describing the defendants as first-time offenders who deserved an opportunity to turn their lives around.
Olowoyo told the court that the two men had spent about 12 years in custody since their arrest in 2014, arguing that their prolonged detention and conduct during that period showed signs of rehabilitation.
He further disclosed that one of the convicts was a 300-level student of the National Open University of Nigeria (NOUN), pursuing his degree through correspondence while in custody.
The lawyer urged the court to consider their transformation and potential contributions to society, adding that they could serve as positive examples to younger generations if given another opportunity.
However, Justice Aderibigbe held that the mandatory punishment prescribed by law for armed robbery remained death by hanging, notwithstanding the provisions of the Administration of Criminal Justice Act or the period the convicts had spent in detention.
The judge consequently sentenced both men to death by hanging.
Nevertheless, Justice Aderibigbe recommended that the Osun State Governor consider exercising the prerogative of mercy in their favour.
According to the judge, the recommendation was informed by the fact that no life was lost during the robbery and the convicts’ reported good conduct and rehabilitation during their more than 12 years in custody.
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