In April 2010, the Osun State Police Command arrested 6 young persons for armed robbery. 4 defendants namely Dare Sunday (15), Adedeji Samuel (15), Ojo Dare (16), Adeyemo Akeem (14) were released for undisclosed reasons. However, Segun Olowokere and Morakinyo Sunday were eventually arraigned in October 2012 on an 8-count charge of armed robbery. Upon arraignment of the duo, the police informed the trial court the the 4 defendants had jumped bail without any evidence that they were declared wanted!

In the course of the trial, the defence counsel contended that the 2nd defendant (Morakinyo Sunday) was non compos mentis. The trial judge dismissed the allegation of insanity of the second defendant and proceeded with the trial. However, in the judgment, it became clear that the trial judge was not sure that the second defendant was sane. Thus, in his judgment delivered on December 17, 2014, the trial judge held as follows:  

"1. In view of the age of the two convicts, it is hereby recommended to the Governor that it may please him, he should commute the death sentence and life imprisonment to (say) 10 years IHL.

2. The medical officer in charge of the prison where the second convict, Morakinyo Sunday is being kept is hereby ordered to investigate his level of insanity. If the convict shall be found to be insane and constitutes a danger to fellow inmates and prison officials, the 2nd convict shall be transferred and kept in an asylum where destitutes are being kept. He shall remain there at the pleasure of the Governor. I so order. "

Although, we are not sure whether the prison authorities investigated "the level of insanity" of the second defendant as ordered by the trial judge, the recommendation that the sentences of life imprisonment and death passed on the two convicts be commuted to 10 years jail was not brought to the attention of former Governors Rauf Aregbesola and Gboyega Oyetola by the Ministry of Justice and the prison authorities. 

If the sentences had been commuted to 10 years imprisonment, both convicts would have walked out of the Kirikiri Maximum Correctional Centre two and a half years ago. Unfortunately, the convicts and their parents did not know that the trial judge had recommended that the sentence of death penalty be commuted to 10 years imprisonment. 

However, it was reported last week that Governor Ademola Adeleke had pardoned Segun Olowokere. On account of the pardon, he has since been released from prison custody. While Segun Olowokere is currently breathing the air of freedom, his colleague, Morakinyo Sunday is still languishing in his condemned cell in the Kirikiri Maximum Correctional Centre. 

Since Segun Olowokere and Morakinyo Sunday were convicted for the same offence of armed robbery and sentenced to death, the law requires that they be treated equally as section 42 of the Nigerian Constitution has prohibited any form of discriminatory treatment of citizens. We are therefore compelled to urge Governor Adeleke to exercise his prerogative of mercy in favour of Morakinyo Sunday by granting him pardon, as soon as possible.