The Supreme Court has upheld the
sentences of life imprisonment and dismissal handed to a naval chief,
Felix Olanrewaju Odunlami, who murdered a commercial motorcycle (okada)
rider in Lagos. Justice Bode Rhodes-Vivour, in a lead
judgment yesterday upheld the decisions of the General Court Martial and
the Court of Appeal, Lagos.
Lt. Odunlami (with force number: NN2121)
was travelling from the Lagos State Secretariat, Alausa, Ikeja to Apapa
on July 25, 2005 when, at the Allen Roundabout, Ikeja, a commercial
motorcycle ridden by Peter Edeh hit the naval officer’s car from behind. On realising that the owner of the car
was a military personnel, Edeh was said to have knelt down to beg
Odunlami for forgiveness. Unable to overcome his anger, the naval
chief ignored Edeh’s plea, reached for his pistol holster, retrieved his
pistol and shot Edeh in the mouth. He died instantly. Passers-by, who were attracted by the
naval chief’s action, attacked him, burnt his car and almost lynched
him, but for the timely intervention of policemen.
Odunlami was on January 27, 2006 arraigned before a General Court Martial on a three-count charge.
He was charged with manslaughter, loss
of service item (for not being able to convincingly account for four
rounds of 9mm live ammunition) and conduct to the prejudice of service
discipline. His offences were said to be contrary
and punishable under sections 68(1)(a), 103(i) AFA 105 and 106 of the
Armed Forces Act Cap A 20 laws of Nigeria. At the conclusion of his trial in July of that year, the Court Martial convicted him on counts one and two. The court sentenced him to life imprisonment for manslaughter and dismissed him from service on count two.
Dissatisfied, he appealed to the Court
of Appeal, Lagos. In its judgment on January 31, 2011, the appellate
court upheld the Court Martial’s decision and dismissed Odunlami’s
appeal, a decision that informed his appeal to the apex court.
In upholding the decisions of both lower
courts, the apex court held that the appellant’s defence of provocation
could not avail him because of the facts of the case.
The court also held that the trial court
could not exercise its discretion to give a lower sentence because
under Section 105 of the Armed Forces Act, (under which he was charged)
“the trial judge has no discretion, but to sentence the appellant to
life imprisonment.
“The confirming authority confirmed the
sentence of life imprisonment and dismissal from service of the Nigerian
Navy. It further stripped the appellant of his rank and directed that
he was not entitled to his financial entitlements. “Was this sentence excessive? Dismissal
means rejection, discarding. Once an officer is sentenced to life
imprisonment and dismissed from services of the Armed Forces, it would
be naïve of him to expect to be entitled to his entitlements. Dismissal
and forfeiture of entitlement go together.
“The well laid down position of the law
is that this court will not interfere with concurrent findings of the
courts below, except where the findings are perverse or not supported by
credible evidence, or where miscarriage of justice has occurred. “The Court Martial did not believe the
appellant’s narration of events, and I agree with both courts below that
the appellant’s narration of events was wrong. “The mob that descended on the appellant
was attracted to the scene when the appellant shot the deceased. The
appeal has no merit. It is hereby dismissed,” Justice Rhodes-Vivour
held.
Four other members of the five-man panel that heard the case agreed with Justice Rhodes-Vivour on his findings. They include Justices Mahmud Mohammed, John Afolabi Fabiyi, Mary Ukaego Peter-Odili and Kumai Bayang Akaahs.
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