I listened to the directives of the Inspector General of Police, Tunji Disu, who directed police officers to shoot on sight anyone found in illegal possession of arms, and suddenly, I remembered the case of Inspector Olaiya.
If you are a Police officer, this case is for you, so read properly.
On the early morning of March 23, 2011, a violent political clash erupted between supporters of the People’s Democratic Party (PDP) and the Action Congress of Nigeria (ACN) over allegations of destroying campaign posters at Kota Junction, Omuo-Ekiti, Ekiti State.
To restore public order, a detachment of seven policemen, including Corporal Akinyede Olaiya and Corporal Ameh Richard, was deployed to the scene under the command of a Divisional Police Officer (DPO).
Upon arrival, the DPO fired warning shots into the air to disperse the rioting crowd, who were armed with bottles, cutlasses, and local weapons.
While seated at the back of the police patrol van, Corporal Olaiya discharged his assigned AK-47 rifle, firing two live rounds.
Unfortunately, one of the bullets travelled faster than wildlife in harmattan season and hit one person in the crowd called Kehinde Ayo Faluyi.
Instantly, Kehinde Faluyi died.
Corporal Olaiya and his co-accused were subsequently arrested, subjected to internal disciplinary procedures, and arraigned for murder.
On October 31, 2012, Corporal Akinyede Olaiya was formally arraigned before Justice Adesodun at the High Court of Ekiti State on a two-count charge of murder.
His argument was that he acted under imminent threat to his life and the lives of his team members.
He claimed the mob threw bottles and fired weapons at the police van.
Hence, the shots fired were to deter them from assaulting the police officers.
On the other side, the State argued that Olaiya fired directly into a vulnerable crowd without any direct provocation or proportionate threat.
The State relied on a crucial eyewitness, Mrs. Jaye Bamisile, whose statement clearly detailed seeing Olaiya aim and shoot into the crowd from the rear of the van.
The prosecution relied on this to establish that it was a clear case of murder.
The trial court listened to the arguments and convicted Olaiya of murder.
Why?
Because the court was satisfactorily convinced by the case of the prosecution.
It held that the use of live ammunition directly against a crowd was disproportionate and unjustified under the circumstances.
Olaiya was therefore sentenced to death by hanging.
Corporal Olaiya appealed his case all the way to the Supreme Court in an attempt to save his life.
At the Supreme Court, the Apex Court, through Justice Ejembi Eko, held that Olaiya was guilty of murder.
The court explained that an automatic rifle fired directly into a crowd carries the inherent knowledge that death is the logical consequence of such action.
The court ruled that since the act of shooting into the crowd had been proved, the legal requirement for intention, mens rea, was fully satisfied.
Hence, Olaiya's death sentence was affirmed.
The Supreme Court also warned security personnel that the uniform, badge, and firearms they carry are not an automatic ticket to take lives.
Once caution is thrown to the wind, such officers will pay dearly for it.
Today, that case is usually cited by lawyers anytime the need arises to remind police officers to apply caution while using their firearms.
It is usually cited as Akinyede Olaiya v. The State (2017) LPELR-43711(SC).
So, if you are a Police officer and you are reading this, I believe these few paragraphs are enough for the wise.
I am Ekene Aninze, Esq.
@CrownprinceCom2 The guy fought... they used Federal might on him.
His party filed a case at the court to challenge his suspension.
The corrupt court never listened to the case.
His arms were tied.
Tinubu wants Wike to repeat the 2023 rigging of Rivers.
Its not Fubara's fault, he fought.
I met my favorite teacher from my days in primary 4. His face lit up as if he had seen the second coming. It was great seeing him kempt & presumably doing well. Although he insisted on refusal I had to bless his account. He could never know the vital part he played in shaping me.
I hope the next President, presumably from the Northern extract will be as sectional, partial & ethnocentric as these guys we have "flexing" their time now.
Today, the EFCC invited Peter Akah (Randy Peter) and Mama Pee to its Abuja office for questioning. As responsible Nigerians, they honored the invitation.
As of now, they have not been released, and they have been unreachable.
EFCC, please do the needful.
If you see this, kindly repost aggressively. ✅
@instablog9ja when it comes to business, hustling, making money, creativity, Nigerians are’ good.
These are real life survival skills that only a smart person with critical thinking can possess and this guy said Nigerians are not smart.
This guy should be made captain of the Olodo Uprising.
I never imagined I would have to do this, but I truly need your help.
For the past 2 years, I have been battling kidney disease. The cost of my medications, dialysis, hospital consultations, and physiotherapy has become more than I can handle.
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