The Supreme Court on Friday affirmed the
life sentence handed down to a naval officer, Felix Olanrewaju
Odunlami, who killed a commercial motorcyclist in Lagos in 2005.
The court also upheld the naval officer’s dismissal from service.
Odunlami had approached the Supreme
Court to appeal the life sentence passed on him by the Court of Appeal,
Lagos, as well as his dismissal by a General Court Martial.
Lieutenant Odunlami (with force number:
NN2121) was travelling from the Lagos State Secretariat, Alausa, Ikeja
to Apapa on July 25, 2005 when, at the Allen Avenue Roundabout, Ikeja, a
commercial motorcyclist, Peter Edeh, hit his car from behind.
The motorcyclist, Edeh, knelt down to
beg Odunlami for forgiveness, but the naval officer ignored his plea,
drew his pistol, and shot him (Edeh) in the mouth. Edeh died instantly.
The naval officer only escaped an imminent mob action because of the timely intervention of the police.
However, he (Odunlami) was on January 27, 2006 arraigned before a General Court Martial on three counts.
He was charged with manslaughter, loss
of service item, for not being able to convincingly account for four
rounds of 9mm live ammunition, and conduct to the prejudice of service
discipline.
The offences were contrary to and
punishable under sections 68(1)(a), 103(i) AFA 105 and 106 of the Armed
Forces Act Cap A 20 laws of Nigeria.
At the conclusion of his trial in July
2006, the Court Martial convicted him on counts one and two, and
sentenced him to life imprisonment for manslaughter and equally
dismissed him from service on count two.
Odunlami ran to the Court of Appeal,
Lagos, but the appellate court in its judgment on January 31, 2011,
upheld the Court Martial’s decision and dismissed Odunlami’s appeal.
This prompted his appeal to the Supreme Court.
In the lead judgment delivered by
Justice Bode Rhodes-Vivour, the Supreme Court upheld the decisions of
the General Court Martial and the Court of Appeal, Lagos.
The court held that the naval officer’s argument that he was provoked into murdering the motorcyclist lacked merit.
The court also held that the trial court
could not exercise its discretion to give a lower sentence because
under section 105 of the Armed Forces Act, on which the charge was
based, the trial judge has no discretion, but to sentence the appellant
to life imprisonment.
“The confirming authority confirmed the sentence of life imprisonment and dismissal from service of the Nigerian Navy.
“It further stripped the appellant of his rank and directed that he was not entitled to his financial entitlements.
“Was this sentence excessive? Dismissal means rejection, discarding.
“Once an officer is sentenced to life
imprisonment and dismissed from services of the Armed Forces, it would
be naïve of him to expect to be entitled to his entitlements. Dismissal
and forfeiture of entitlement go together.
“The well laid down position of the law
is that this court will not interfere with concurrent findings of the
courts below, except where the findings are perverse or not supported by
credible evidence, or where miscarriage of justice has occurred.
“The Court Martial did not believe the
appellant’s narration of events, and I agree with both courts below that
the appellant’s narration of events was wrong.
“The mob that descended on the appellant
was attracted to the scene when the appellant shot the deceased. The
appeal has no merit. It is hereby dismissed.”
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SERVES THE STUPID NAVAL ELEMENT RIGHT,LIFE IMPRISONMENT IS EVEN A SOFT PUNISHMENT FOR THAT IDIOT;THEY SHOULD HAVE SENTENCED HIM TO DEATH BY HANGING.EVIL MAN.
ReplyDeleteSERVES THE STUPID NAVAL ELEMENT RIGHT,LIFE IMPRISONMENT IS EVEN A SOFT PUNISHMENT FOR THAT IDIOT;THEY SHOULD HAVE SENTENCED HIM TO DEATH BY HANGING.EVIL MAN.
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