Segun Atanda/
All things being equal, a former Divisional Police Officer (DPO), in Lagos, will spend the next 10 years in jail for quelling a public protest with maximum force, whereby he killed and maimed in 2012.
The Court of Appeal in Lagos yesterday affirmed the earlier decision of the Lagos High Court that CSP Segun Fabunmi, who was DPO of Pen Cinema Police Station, Agege, should spend 10 years in prison for killing a rioter, Ademola Aderintola Daramola, during the January 9, 2012 fuel subsidy protest in Lagos.
He was arraigned on May 5, 2013, by the Lagos State Government on a seven-count charge bordering on murder, attempted murder and causing grievous bodily harm.
Justice Olabisi Akinlade in 2015 at the Lagos High Court sentenced Fabunmi to 10 years in prison for manslaughter following his arraignment and trial before the Court.
the appellant being a seasoned police officer could have reasoned to use rubber bullet, teargas etc on the mob rather than resorting to lethal weapon, AK 47
Fabunmi was also found guilty of shooting and injuring three other persons, namely: Alimi Abubakar, Egbujor Samuel and Chizorba Odoh during the protest.
Fabunmi, who enlisted in the Nigeria Police Force in 1984, appealed the ruling.
His counsel, Mr C.J Jiakponna, urged the court to allow the appeal and acquit him.
The Lagos State Government, represented by the Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, however, urged the court to affirm the decision of the lower court and dismiss the appeal as lacking in merit.
After considering all arguments, the Appeal court held:
* That the issue of the identity of the deceased raised by the appellant was not material since it was not in doubt that the appellant shot the deceased; therefore the defence of accidental discharge and self-defence would not avail the appellant because these defences were mutually exclusive
* That the appellant being a seasoned police officer could have reasoned to use rubber bullet, teargas etc on the mob rather than resorting to a lethal weapon, AK 47
*that the use of AK 47 a lethal weapon convinced the lower court that the Appellant had the intention to cause grievous bodily harm that the defence of accident could not avail the appellant since there was clear evidence that he shot at the deceased and other persons
The Court held that the appeal lacked merit, thereby dismissing and affirming the decision of the Lagos High Court.