Akolade Arowolo, the unemployed
graduate charged for the murder of his banker wife, Titilayo Omozoje,
has been sentenced to death.
A Lagos High Court sitting in Ikeja and
presided over by Justice Lateefat Okunnu found Arowolo guilty of one
count charged of murder and sentenced him to death for the murder of
Titilayo in 2011.
He was alleged to have killed his wife, Titilayo on June 24, 2011 at their residence, No. 8, Akindeinde Street, Isolo, Lagos.
Justice Okunnu, citing various
statements made by the defendant and authorities said that the
prosecution led by the Director of Public Prosecution (DPP), Mrs Olabisi
Odugbesan, had proved her case beyond reasonable doubt.
“The prosecution has proved her case
beyond reasonable doubt. I hereby found you guilty for the offence of
murder. You are hereby sentenced to death,” she declared.
Immediately the death sentence verdict
was pronounced on him, Arowolo, who held tight to the Holy Bible in the
dock throughout the about four hours judgement, broke down, rolled in
the dock and shouted: “Jesus, why? I did not do it. What would happen to
Olamide?”
Olamide is the only product of the about two years marriage between Akolade Arowolo and the deceased, Titilayo Omozoje.
Justice Okunnu based her judgment on
three key issues: whether the victim was dead; whether the accused
person was responsible for the act and whether he carried it out
intentionally.
The judge said there was enough evidence
from both the prosecution and defence witnesses confirming that the
victim, Titilayo Onozoje, was dead.
She also said there was enough evidence
that showed that the deceased died as a result of multiple injuries to
her chest and abdomen arising from multiple stabs that was inflicted on
her.
She said that it was also clear in the
evidence before the court that no other person entered the flat of the
couple, which remained locked until the second day when brother to the
defendant, Toyin, went in through the roof of the next flat and
discovered the body of the deceased on bed.
“This eliminates any outsider at the
material point in time. The doctrine of last seen in law came into fore
here. This means that the person last seen bears full responsibility for
the death. It supports the proof already before the court. It supports
the argument and adds probative value to the prosecution’s case. That
shows it was the defendant who killed his wife.
“It is my finding that it is none other
than the defendant himself who stabbed Omozoje to death. After
eliminating all other options, I find that it was the defendant who
stabbed his wife,” she said.
In her judgment, Justice Okunnu relied
heavily on the testimonies made by foremost pathologist, Prof. John
Obafuwa, and that of the defendant made during trial that spanned about
two and a half years.
Justice Okunnu said that she found the
evidence of Prof. Obafunwa, a forensic expert and pathologist of over 30
years experience, very objective, formal and professional.
The judge said that the evidence of
Prof. Obafuwa was very detailed, as it analysed every one of the 76
stabs found on the deceased and that the stabs were inflicted with
tremendous force.
“The post mortem was detailed. It gave
report of every injury, both external and internal. It gave details for
injuries to the eye, the chest, the breast, the lung, the stomach and
diaphragm.”
Quoting Obafuwa further, the judge held
that the external injuries on the deceased were superficial and defence
injuries and that the deceased must have been defending herself from an
attacker.
Quoting from the evidence of the
professor, Justice Okunnu pointed out that the 76 stabs on the deceased
could not have been self inflicted, noting that some of the stabs sliced
through from the front of the chest to the inside of the skin at the
back of the body.
On whether the defendant carried out the
act intentionally, the court held: “Also, the prosecution has the duty
to prove that the defendant’s action was done intentionally as to desire
the consequence of his action.
“I studied him and found him
intelligent. He admitted that he did study logic and so he knew full
well that grievous bodily harm was the consequence of his action. Her
resultant death then turned to unlawful killing.
Justice Okunnu dismissed the submissions
of the counsel to the defendant, Olanrewaju Ajanaku, that there were
contradictions in the evidence of the prosecution witnesses.
“The contradictions on what was found
where and how by the prosecution witness does not remove anything from
the offence of killing.”
The judge lambasted the defence
witnesses, including the parents of the convicts and Mrs. Omordia of Joy
Bringers International Non-Governmental Organisation, for trying to
cover up for the convict and misled the court.
She noted that the parents of the
convict tried to debunk that domestic violence characterised the
marriage, pointing out that his mother, Bolanle, tried to cover up his
act while his father, Mudashiru, avoided questions put to him and that
some of their evidence contradicted what the convict had admitted.
The court held that they are not witness of truth.
Akolade Arowolo arrived the court
sandwiched between two prison warders at about 9.17 am. As usual, he was
dressed in a starched white short sleeve shirt over a pair of black
trousers with a deep brown laced shoe to match.
Clutching a Bible, he immediately took his seat on the defence bench and went into intense prayer.
At about 9.45am, Justice Okunnu walked in and started reading the judgment that lasted about four hours.
Midway into the reading of the judgment,
Akolade broke down in the dock and wept and had to be lifted up to sit
on the chair in the dock by his counsel, Olanrewaju Ajanaku.
On pronouncement of death judgement on him, his mother Bolanle was the first to run out of the court, weeping profusely.
As Akolade was being led out of the
court in handcuffs, he wept and atimes fell on the ground as he started
speaking in tongues and singing: “I am delivered. I cannot be condemned
in the name of Jesus.”
He also said: “I am coming out soon in the name of Jesus. I can’t die. I did not kill her.”
Counsel to the convict, Ajanaku, has however said they may appeal the judgment.
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