DEATH SENTENCE: LEKAN SHONDE

Lekan Shonde has been sentenced to death by Hon Justice Oyefeso of the Lagos High Court after finding him guilty of the death of his wife ,Ronke on the 5th of May 2016 at their residence in Egbeda Lagos.

The couple were blessed with two children. 

I commend the effort of the Honorable Justice for this judgment but its important to educate ourselves on Sentencing and remedies available to the accused person, Mr Lekan Shonde

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. Lekan Shonde 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, meaning that an option of discretion for a lesser sentencing is not applicable in a case of murder.

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.

IS THERE AN OPTION AVAILABLE TO MR SHONDE?

What are the options available to LEKAN SHONDE :An  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 that he is not guilty of the offense convicted of and that the honorable court should consider the issue of the marriage (child) but an appeal in this instance cannot waived the offence committed or quash it completely but may reduce the sentencing from death sentence to Life Imprisonment.

SAY NO TO DOMESTIC VIOLENCE!!!!

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL