An Ekiti State High Court has sentenced a former chairman of the state chapter of the Nigerian Legion, Col. Richard Ogunbayo (retd), to 25 years’ imprisonment for manslaughter.
A one-count charge of murder was preferred against Ogunbayo, 81, who was accused of killing Felix Esan on December 15, 2016 in Iyin-Ekiti.
But Justice Lekan Ogunmoye found Ogunboyo guilty of manslaughter.
He said the evidence of murder against the convict could not be substantiated.
The judge held that the sentence was also passed on the convict considering his age and the discretion of the court.
Justice Ogunmoye sentenced the retired Army officer to 25 years’ imprisonment without an option of fine.
The prosecution called seven witnesses, including the Investigating Police Officer (IPO) and a doctor from Ekiti State University Teaching Hospital (EKSUTH), who carried out a post-mortem on the deceased.
Director of Public Prosecutions (DPP) Mr. Gbemiga Adaramola tendered pictures of the deceased taken on the scene of the crime, statements of the accused and witnesses and medical report as exhibits against the convict.
Defence counsel Mr. Taiye Lawal called five witnesses, who gave evidence in favour of the convict.
According to the statement of the IPO, Corporal Seyi Akomolafe and eyewitnesses who reported the incident at Igede-Ekiti Divisional Headquarters, Ogunbayo opened fire on the deceased while on duty as a member of a vigilance group.
Ogunbayo accused the deceased of being rude and disrespectful to him when a search was conducted on his (Esan’s) home and shot him.
The convict, according to the statement, threw the body of Esan into a deep pit along Awo Road in a bid to cover up the crime.
