Justice Hakeem Oshodi of the Lagos High Court, Ikeja, on
Tuesday sentenced one Clement Ododomu to death by hanging over the killing of
Department of State Services, DSS, officers.
The judge also sentenced one Tiwei Monday to 16 years in a
correctional centre.
Justice Oshodi said he delivered the judgement after
considering the facts before the court and the demeanor of the convicts, which
he termed as ‘unremorseful’.
The judge said that the allocutus by the Defence Counsel, Mr
Olusegun Akande, who had on Oct. 11, prayed the court to temper justice with
mercy, was replied by the Director, Department of Public Prosecutions (DPP), Dr
Babajide Martins.
The News Agency of Nigeria (NAN) reports that the convicts,
who are vandals, were arraigned for killing seven officers of the Department of
State Services (DSS) in the Ikorodu area of the state.
Justice Oshodi said that Martins had told the court that the
offences by the defendants were grave and that the court should apply the
maximum sentences available.
The judge said: “The court has considered the allocutus of
the defence counsel, but the position of the law is binding to us all. As
noted, the first defendant was convicted on counts one, five, seven, nine and
ten, while the second defendant was convicted on counts one and ten.
“This is as contained in the information filed dated January
13, 2017. The provisions of this sections of the law are as follows:
“Count I, the count convicted the first and second
defendants on the count –
“This count is brought contrary to Section 233 of the
Criminal Laws of Lagos State 2015, liable to a conviction of 14 years.
“On counts five and seven, the first defendant on these
counts, which is contrary to Section 233 of the Criminal Laws of Lagos State,
2015, provides that any one who commits murder shall be sentenced to death.”
According to Justice Oshodi, on count nine, the first
defendant is brought under Section 298 (3) of the Criminal Laws of Lagos State,
2015, hence, liable to not less than 14 years but not more than 20 years
imprisonment.
Also, on count 10, both the first and second defendants were
convicted under Section 410 of the Criminal Laws of Lagos State, 2015 and is
liable to two years imprisonment.
According to him, the claim of the defence that the
defendants were in Lagos for the funeral of their grandmother was a ruse.
Justice Oshodi held that the defence failed to provide
essential witnesses to corroborate the claim.
He, however, held that prosecution was not able to prove
that the second defendant was guilty of murder.
Justice Oshodi said that evidence before the court showed
that it was one Agbala and the first defendant who killed the operatives.
He held that the prosecution was able to prove that the two
defendants participated in the ambush of the operatives.
He, therefore, discharged and acquitted the convicts on
counts two, three, four, six and eight because the prosecution was unable to
prove the allegations against them.
Justice Oshodi said: “The court has observed the demeanor of
the defendants and came to the conclusion that they felt no remorse with
regards to the allegations they were facing.
“They informed the court that they do not understand English
language, whereas, in the recording, they both were conversing in English.
“The first and second defendants are hereby sentenced to
imprisonment for 14 years for count 10 and the first and second defendants are
hereby sentenced to imprisonment for two years for count 9.
“The first defendant is hereby sentenced to imprisonment for
20 years. The terms of imprisonment for both defendants will run concurrently.
“For count five and seven, which the court has found the
first defendant guilty, the sentence of the court upon you is that you be
hanged by the neck until you be dead and may God have mercy on your soul.”
NAN reports that the Lagos State Government had submitted
that DSS received a distress call from an editor of Sun newspaper (name
withheld) on Sept. 14, 2015, about the kidnap of his wife at their residence.
It was said that the State Command of the DSS consequently
dispatched a nine-man team to carry out surveillance to ascertain the location
of the kidnappers who were negotiating for a ransom.
Prosecution added that it was reported that in the evening
of that day, one of the DSS team members, Mr Martins Ajayi, sent a distress
text message to the Command headquarters to the effect that the team had been
ambushed by vandals and their weapons seized.
According to prosecution, the convicts committed the
offences on Sept. 14, 2015, in Ishawo Creek, Ikorodu, Lagos.
The convicts were arraigned on a 10-count charge bordering on conspiracy to commit murder, murder and illegal possession of firearms, contrary to Section 223 and 298 (3) of the Criminal Law of Lagos State, 2015.
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