Sunday 3 August 2014

MURDER ; 19 YEARS OLD RILWAN AHMED


19 year old Rilwan Ahmed (pictured above) did the most unthinkable thing, he killed his own brother. According to a report by Tribune, Rilwan took his 4 year old half-brother Waris Ahmed to an uncompleted building close to their residence at Oloko village in Ibadan, Oyo State, tied a piece of cloth across his face, making it difficult for him to breathe, then tied his legs, and left him there. Life slowly ebbed out of him as he struggled to breathe. His body was discovered there 3 days later.



This above scenario was what was painted by a murder suspect, Rilwan Ahmed, when he was discovered to be responsible for his half-brother, Waris’s death.

On Saturday, July 19, 2014, Waris’s father, Mr Lateef Lawal, who is stepfather to Rilwan reported at Ojoo Police Division of Oyo State Police Command that his four-year-old son was missing. The entire Oloko village also joined Lawal’s family in a search for the missing boy, Rilwan inclusive, until he made a statement that raised people’s suspicion. He advised that nearby bush should be cut, giving a high probability that the missing boy would be found.

With this serving as a lead, detectives at Ojoo Division, led by the Divisional Police Officer, Musiliu Doga, interrogated the boy, leading to his startling confession that he was responsible for the death of the missing boy.

Not a few people wondered why the Rilwan who had been staying with his stepfather since he was young, could do that to his own blood, but Rilwan said he could not say precisely the kind of spirit that controlled his action.

 The suspect told Crime Reports that he left school after Primary Six and had been working as a labourer with bricklayers. He also disclosed that he refused to learn any vocation and always ran away from vocational centres he was taken to. Things were not different when he was taken to Qur’anic school.

Speaking with Crime Reports, the 19-year-old boy said: “I live with my mother and stepfather. She gave birth to two of us before my father died and she remarried. She also gave birth to six other children for my stepfather. I don’t know what pushed me into what I did to my stepbrother. It was as if I was being propelled by unknown forces. On the fateful day, I asked him to follow me to the undeveloped plots by our residence. When we got to one of the uncompleted buildings there, I placed a piece of cloth on his face covering his eyes, mouth and nose. I also tied his legs. He did not shout so I left him there.

“When I got back home, my mother asked of Waris and I told her to check him outside. When she could not find him, I joined in the search for the young boy. When my stepfather went to the police to report, I remembered that I took someone to a place. I went back to the uncompleted building to bring my half-brother home, but met him dead.

“I quickly threw him into a nearby bush and went back home, afraid of how to break the news to my mother. At a point, I told the people around that if they wanted us to find the missing boy, they should let us cut the bush at the back of our residence. This aroused my stepfather’s suspicion and he went to report my statement to the police. It was when the police were interrogating me that I confessed to my deeds.

“I took detectives to the bush where I dumped my half-brother’s remains.”

Based on information gathered by Crime Reports that the suspect was angry with his mother for not returning N700 he kept with her, he was asked whether the anger propelled his action but he replied in the negative.
 “No. I did not keep the money with her, I kept it in my bag and she went to take it. I told her it was my money made from my labouring job but she said the money was not mine, and that she was not going to give it back to me. I was angry with her and said to myself that I would not release her son to her if my money was not returned to me.
“But that was not actually what I had in mind when I took my brother away. My mother did not offend me, neither my half-brother. My stepfather and mother were taking good care of me. I can’t really place what made me commit the act.”

When contacted, the Police Public Relations Officer in Oyo State, Olabisi Okuwobi-Ilobanafor confirmed the story, describing the murder of the little boy as unfortunate. She also said that the law would take its course as the boy would be charged to court after investigations.........................CULLED FROM LINDA IKEJI

The question now is whether RILWAN AHMED can be charged with murder of his brother being an underage and same blood.

i.                     Whether the 19 years old is liable for the offence he confessed to: The general rule is that stay away from crime every person shall be liable for an offence willingly committed, the fact that they are blood related is irrelevant, there is no excuse for committing crime. Crimes are committed against the state and not individuals, therefore the family has no say in whether to prosecute or not.

ii.                   Whether a juvenile can be imprisoned: the juvenile court is established under the Children and Young Persons Laws of various states of the federation. They have jurisdiction to try all offenders who are young persons. Young offenders are persons under the age of 18years.for criminal offences children below the age of 7 years are not criminally liable; children between 7 and 12 years are only criminally liable for the offence committed if they are found to know the implication of the offence committed. Children between age 12 and 14years are criminally liable for an act an omission which constitutes an offence.

iii.                  A young persons (14 but below the age of 18 years) are criminally responsible for their acts or omissions.

Please note by virtue of section 8(2) of the Children and Young Person Law, the trial of a young person by the juvenile court where the penalty for the offence is death is prohibited by the CYPL. In both instances ,the trial shall take place in the regular court, where the penalty is death the juvenile court shall conduct preliminary inquiry but cannot proceed to trial of the offence where the case is established.    

These are the features of a juvenile court; these courts are not open to the general public except officers of the court, parties to the proceedings, their legal representatives, and accredited members of the press. It also prohibits the publication and disclosure of the identity of the child.

A juvenile if found guilty cannot be  sentenced or convicted instead a ‘finding of guilty’ shall be recorded and shall not be imprisoned they are suitably dealt with in any other authorized manner such as recognizance of good behaviour, probation, fine, or committed to an appropriate institution or remand home.

iv.                Whether Rilwan Ahmed is still a juvenile.

A juvenile is anybody below the age of 18 years at the time the crime was committed. Rilwan being age 19 years shall be convicted of murder if found guilty in a competent court of law.

 

A crime free Nigeria is achievable.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

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