Fuel Subsidy Protest Killing: Appeal Court Affirms 10-yr Jail Term For Fabunmi

The Court of Appeal sitting in Lagos this morning, dismissed an appeal  filed by CSP Segun Fabunmi who was earlier sentenced to 10 years imprisonment by the Lagos High Court having been found guilty of killing of one Ademola Aderintola Daramola during the January 9, 2012 fuel subsidy protest in Lagos.
Fabunmi was former Divisional Police Officer (DPO) attached to Pen Cinema Police Station, Agege, Lagos.
Justice Olabisi Akinlade of a Lagos State High Court sitting in Igbosere had on Monday Dec. 14,2015 delivered the judgment and sentenced  Segun Fabunmi , to 10 years in prison for manslaughter following the death of Ademola during the fuel subsidy protest in Lagos.
Justice Akinlade also found Fabunmi, a dismissed Chief Superintendent of Police (CSP), guilty of shooting three other persons – Alimi Abubakar, Egbujor Samuel and Chizorba Odoh, during the protest, thereby causing them grievous bodily harm.
Fabunmi, of No. 12 Oyewole Street, Ogudu, Lagos, who joined the police in 1984, was arraigned on May 5, 2013 by the Lagos State Government on a seven-count charge bordering on murder, attempted murder and causing grievous bodily harm.
Dissatisfied by the Lagos High court judgment, Fabunmi  challenged the judgment of  the lower Court, which sentenced him to ten years imprisonment.
Mr. C.J Jiakponna, counsel to the appellant  urged the court to allow the appeal and acquit the appellant.
The Lagos State Government, represented by the Attorney-General and Commissioner for Justice Mr. Adeniji Kazeem, on the other hand, urged the court to affirm the decision of the lower court and dismiss the appeal as lacking in merit.
After considering the  argument canvassed by the Counsel to the  Appellant and Respondent,  the Appeal court held  as thus -: 
That  the issue of the identity of the deceased raised by the Appellant was not material since it was not in doubt that the Appellant shot the deceased;  
That the defence of accident and self-defence would not avail the Appellant because these defences were mutually exclusive;   
That  the appellant being a seasoned police officer could have reasoned to use rubber bullet, teargas etc on the mob rather than resorting to lethal weapon.AK 47
That the use of AK 47 a lethal weapon convinced the lower court that the Appellant had intention to cause grievous bodily harm.
That the defence of accident could not avail the Appellant since there was clear evidence that he shot at the deceased and other persons.
On the  basis of the above, the  Appeal Court further held that the appeal lacks merit.
Delivering judgment yesterday, the appellate court therefore dismissed the appeal and affirmed the decision of the Lagos High Court.
Fabunmi was arraigned on May 5, 2013 by the Lagos State Government on charges bordering on murder, attempted murder and causing grievous bodily harm.
SOURCE
THE CAVEAT

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