Oyo State High Court has sentenced a former chairman of the National Union of Road Transport Workers (NURTW) in Oyo State, Alhaji Mukaila Lamidi, popularly known as ‘Axilliary’ to six years imprisonment.
Lamidi, along with four others – Saheed Kareem, Taiwo Tijani, Abu Kareem and Kazeem Kayode, had faced a three-count charge of conspiracy, attempted murder and murder of one Adekunle Oladipupo, a medical student on March 2, 2014, at 9.45p.m, at Iwo Road motor park in Ibadan.
Director of Public Prosecution (DPP), Mr. Tajudeen Abdulganiyu, told the court that the defendants also attempted to kill one Akeem Agbaje, adding that the offences were committed on March 2, 2014, at 9.45p.m at Iwo Road motor park, Ibadan. But the defendants pleaded not guilty and they had been in prison custody since their arraignment in 2014.
Justice Eni Esan found Lamidi and others guilty of the first count charge of conspiracy, but not guilty on the second count charge of attempted murder and the third count charge of murder.
“The court hereby discharged the accused persons on the murder charge,” he said, adding that the allegations of attempted murder could not stand because the argument of the first prosecution witness (PW1), Akeem Agbaje, failed by identifying the accused through vehicle headlight. The court faulted the argument because it was already late in the night.
Justice Esan noted that the prosecution witness one, in his evidence told the court he was beside Adekunle Oladipupo on the fateful day when the accused persons with others at large stormed the motor park in a Peugeot 604 belonging to Alhaji Mukaila and two other Micra cars, shooting sporadically.
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The witness, the court said, stated further that the deceased was hit by bullet and died immediately, adding that the witness said he too sustained serious injury.
Justice Esan also said during cross-examination, the PW 1 told the court that although the incident occurred at about 9:45pm, he was able to identify the accused persons with the headlights of the cars that lit up the place.
The judge said he was not convinced that the witness could identify the accused persons using the headlights.
The court, however, explained that the DPP was unable to prove the charges of attempted murder and murder against the defendants, adding that the evidence before the court showed that the four defendants were aggrieved members of NURTW in the state.
The court also held that a Peugeot 607 car owned by Lamidi and a Micra car belonging to Saheed Kareem were used in committing the crime. The Micra car was allegedly loaded with the ammunition used to kill Oladipupo.
Esan stated further that evidence showed that the defendants were privy to the murder because they confirmed to the court that they were at the Diamond Hotel owned by Lamidi on the day Oladipupo was killed.
The defendants, according to the court, usually assembled at the Diamond Hotel because they had no job since they were suspended from NURTW. Lamidi, the court said, confirmed that he had a licenced gun for personal protection.
After the court had convicted the defendants, counsel to Lamidi, Mr. Olalekan Ojo, appealed to the court to be lenient with his client because he was a first offender with no record of previous conviction.
Ojo, who noted that Lamidi had been in prison custody since April 2014, urged the court to consider over two years he already spent in custody, his aged mother and family.
In the same vein, counsel to three other defendants, Mr. Adeleke Bakare, aligned with the submission of Ojo.
The judge then sentenced the defendants to six years imprisonment each with hard labour commencing from the day of arraignment.
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