AKOLADE AROWOLO'S RIGHT OF APPEAL

Jubilation here and there especially by women who has been /is a victim of domestic violence  after the honorable Justice of Lagos state High court, Justice Lateefat Okunnu pronounce the judgment of the honorable court on Mr. Akolade Arowolo which was sentenced to
death by hanging over the murder of his wife.

He was said to have stabbed his late wife in the cause of domestic violence and misunderstanding that ensued between them.

I commend the effort of the Honorable Justice for this judgment.

A sentence is the pronouncement by the court upon the accused person after his conviction in a criminal prosecution, imposing the punishment to be inflicted---Black Law dictionary 6^th edition. The sentence imposed on the Mr.Akolade Arowolo is known as death penalty which is the prescribed punishment for persons convicted of capital offence i.e. murder, culpable homicide, treason, robbery e.t.c.

In KALUV.STATE (1998)11-12 SC 14 @ PG 49 the Supreme Court has decided that the death penalty is lawful in Nigeria and cannot be regarded as degrading or an inhuman treatment. the death penalty imposed on him is mandatory where an offense of murder is proved against an accused, therefore the court does not have the discretion to impose any other penalty upon conviction.

Section 367 of the criminal procedure Act prescribe the mode of carrying out the penalty to be by hanging but this can be waived in the following circumstances.

(i)                  In case of a pregnant woman life imprisonment shall be imposed instead of hanging because the life of the baby she is carrying is important in law.

(ii)                Young person , a young person is any person above the age of fourteen years and below the age of eighteen years.

What are the options available to Akolade Arowolo: Appeal this is intended to correct or reverse an error if any committed by the lower court and this can go on to the Supreme Court. He has the right to appeal this decision by appealing the he is not guilty of the offense convicted of and that the honorable court should consider the issue of the marriage (child)

I hope this serves as a lesson to all the boxers out there and to the ladies too, I will advise you run for your dear life when need arise.

Life is Sweet

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL