Justice Olabisi Akinlade of a Lagos State High Court sitting in
Igbosere, on Monday, December 14 sentenced a former Divisional Police
Officer (DPO), Mr. Segun Fabunmi, to 10 years in prison for
manslaughter.
This followed the fatal shooting of Ademola Aderintola Daramola in the January 9, 2012, Lagos fuel subsidy protest.
Justice Akinlade also found Fabunmi, a dismissed chief
superintendent of police (CSP), guilty of shooting and injuring three
others; Alimi Abubakar, Egbujor Samuel and Chizorba Odoh.
She sentenced him to five years on this count, but both sentences are to run concurrently.
Fabunmi, of 12 Oyewole Street, Ogudu, Lagos, who joined the police
in 1984, was arraigned on May 5, 2013, by Lagos State on a seven-count
of murder, attempted murder and causing grievous bodily harm.
At the time of the incident, the defendant was the DPO of Pen Cinema Police Station, Agege.
He led his men to Yaya-Abatan in Ogba, following reports that there was a disturbance and hoodlums were holding people hostage.
The ex-DPO testified that when he got there, the hoodlums threw
bottles, sticks, cutlasses, stones at him and his seven colleagues.
Fabunmi said during the attack by the mob, his rifle, containing 60
bullets, went off. But he denied shooting the deceased or anyone else.
The court agreed with the defendant that there was a mob but
concluded that his testimonies on whether or how an attempt was made to
snatch his AK47 and who fired the weapon were conflicting.
The judge rejected defence argument that the shooting was the
result of an accident as the defendant struggled with the mob to
re-possession his rifle.
Relying on the witnesses’ testimonies and evidence, Justice Akinlade said:
“The only conclusion that can be drawn is that the defendant recklessly
shot his rifle and in the process the bullet hit the deceased. He
definitely knew that shooting an AK47 can cause grievous bodily harm to
anyone the bullet hit.
“The fact that he was on a lawful duty did not mean that he should have shot his gun sporadically.”
The judge held that the prosecutors, Lagos Director of Public
Prosecution (DPP) Mrs. Idowu Alakija and Assistant Director Mrs. Abiola
Adeyinka, proved the offence of murder but that the evidence provided by
the defence team, led by George Oguntade (SAN), availed the defendant
of the defence of provocation, resulting in the lesser charge of
manslaughter.
She said: “The defence of provocation will avail the defendant.
It is evident that there was no time for his passion to cool before the
gun was fired.”
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