The Court of Appeal sitting in Lagos has dismissed the appeal filed by CSP Segun Fabunmi, a former Divisional Police Officer (DPO) attached to Pen Cinema Police Station, Agege.
He was sentenced to 10 years imprisonment for the killing of Ademola Aderintola Daramola during the January 9, 2012 fuel subsidy protest in Lagos.
Justice Olabisi Akinlade of a Lagos State High Court had in 2015, sentenced Fabunmi, to 10 years in prison for manslaughter following his arraignment and trial before the Court.
The Judge also found Fabunmi guilty of shooting three other persons – Alimi Abubakar, Egbujor Samuel and Chizorba Odoh during the protest, thereby causing them grievous bodily harm.
Dissatisfied with the Lagos High Court judgment, Fabunmi proceeded to the Appeal Court seeking to overturn the judgement of the Lower Court
Fabunmi, of No. 12 Oyewole Street, Ogudu, Lagos, who joined the police in 1984, 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.
Mr. C.J Jiakponna, his counsel urged the court to allow the appeal and acquit the him.
The Lagos State Government, represented by the Attorney-General and Commissioner for Justice Mr. Adeniji Kazeem, on the other hand, urged the court to affirm the decision of the lower court and dismiss the appeal as lacking in merit.
After considering the arguments canvassed by the Counsel to the appellant and respondent, the Appeal court held that:
* 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 lethal weapon, AK 47.
*that the use of AK 47 a lethal weapon convinced the lower court that the Appellant had 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.
On the basis of the afoementioned grounds, the Appeal Court held that the appeal lacked merit.
The appellate court therefore dismissed the appeal and affirmed the decision of the Lagos High Court.