Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called on the Governor of Osun State, Ademola Adeleke, to grant a pardon to Morakinyo Sunday, who remains in prison despite the recent pardon given to his co-convict, Segun Olowokere. The two men were convicted in connection with a 2010 robbery incident in Osun State, which involved the theft of fowls and eggs. Falana’s request comes after Olowokere was released following a pardon from Governor Adeleke.
Both Sunday and Olowokere were arrested in November 2010 in Oyan, Odo-Otin Local Government Area, Osun State, for allegedly robbing a policeman of two fowls and eggs. Their trial began in 2012, with both men charged with robbery, stealing, and other related offenses. According to the prosecution, the pair were also accused of robbing various individuals, including a vegetable oil theft. Despite pleading not guilty, Olowokere reportedly confessed to the crime, which played a pivotal role in his conviction.
On December 17, 2014, Justice Jide Falola of the Osun State High Court convicted both Olowokere and Sunday. Olowokere was sentenced to death for conspiracy to commit armed robbery, life imprisonment for robbery, and three years for stealing. Sunday was also sentenced to death for conspiracy and life imprisonment for robbery. Despite their similar sentences, only Olowokere was pardoned by the state government in recent months.
Falana, in a statement on Monday, highlighted the disparity in the treatment of the two co-defendants. He noted that since they were convicted of the same offense and sentenced to the same penalties, Sunday should also be granted the same consideration. The human rights lawyer emphasized that the Nigerian Constitution guarantees equality before the law, and urged Governor Adeleke to extend mercy to Sunday to ensure fairness.
Furthermore, Falana pointed out that during the trial, there were discrepancies in the handling of the case. He referenced the fact that four other individuals involved in the original arrest were released for unknown reasons, while Olowokere and Sunday were the only ones arraigned. Falana also argued that Sunday’s defense of being mentally unfit had been dismissed by the court, despite evidence that suggested otherwise.
Falana called for equal treatment under the law, urging the governor to exercise his prerogative of mercy and release Morakinyo Sunday from the condemned cell where he remains incarcerated at the Kirikiri Maximum Correctional Centre.