Justice Hakeem Oshodi of the Lagos High Court, Ikeja has sentenced Clement Ododomu to death by hanging over the killing of Department of State Services (DSS) officers.
Also, the judge sentenced Tiwei Monday to 16 years in a correctional centre.
Justice Oshodi disclosed that he delivered the judgement after he considered the facts before the court and the demeanor of the convicts, which he termed as ‘unremorseful’.
He said the allocutus by the Defence Counsel, Mr Olusegun Akande, who had on October 11, prayed the court to temper justice with mercy, was replied by the Director, Department of Public Prosecutions (DPP), Dr Babajide Martins.
As reported by the News Agency of Nigeria (NAN), the convicts, who are vandals, were arraigned for killing seven officers of the Department of State Services (DSS) in Ikorodu area of the state.
Justice Oshodi said Martins had told the court that the offences by the defendants were grave and that the court should apply the maximum sentences available.
He said: “The court has considered the allocutus of the defence counsel, but the position of the law is binding to us all. As noted, the first defendant was convicted on counts one, five, seven, nine and ten, while the second defendant was convicted on counts one and ten.
“This is as contained in the information filed dated January 13, 2017. The provisions of this sections of the law are as follows:
“Count I, the count convicted the first and second defendants on the count –
“This count is brought contrary to Section 233 of the Criminal Laws of Lagos State 2015, liable to a conviction of 14 years.
“On counts five and seven, the first defendant on these counts, which is contrary to Section 233 of the Criminal Laws of Lagos State, 2015, provides that any one who commits murder shall be sentenced to death.”
According to the judge, on count nine, the first defendant is brought under Section 298 (3) of the Criminal Laws of Lagos State, 2015, hence, liable to not less than 14 years but not more than 20 years imprisonment.
On count 10 also, both the first and second defendants were convicted under Section 410 of the Criminal Laws of Lagos State, 2015 and is liable to two years imprisonment.
He said the claim of the defence that the defendants were in Lagos for the funeral of their grandmother was a ruse and held that the defence failed to provide essential witnesses to corroborate the claim.
However, he held that prosecution was unable to prove that the second defendant was guilty of murder as the evidence before the court showed that it was one Agbala and the first defendant who killed the operatives.
He held that the prosecution was able to establish that the two defendants took part in the ambush of the operatives.
He discharged and acquitted the convicts on counts two, three, four, six and eight because the prosecution was not able to prove the allegations against them.
The judge said: “The court has observed the demeanor of the defendants and came to the conclusion that they felt no remorse with regards to the allegations they were facing.
“They informed the court that they do not understand English language, whereas, in the recording, they both were conversing in English.
“The first and second defendants are hereby sentenced to imprisonment for 14 years for count 10 and the first and second defendants are hereby sentenced to imprisonment for two years for count 9.
“The first defendant is hereby sentenced to imprisonment for 20 years. The terms of imprisonment for both defendants will run concurrently.
“For count five and seven, which the court has found the first defendant guilty, the sentence of the court upon you is that you be hanged by the neck until you be dead and may God have mercy on your soul.”
