Rejoinder: Untold story of condemned fowl theft convict published in the Nation Newspaper of 21st December, 2024:
The Nation Newspaper correspondent, in a featured news item captioned: “Untold story of condemned fowl theft convict” https://thenationonlineng.net/untold-story-of-condemned-fowl-theft-convict/ (on 21st December, 2024), introduced misleading/distorted facts/information not contained in the authentic 17-page judgment delivered on 17th December, 2014 by Hon.Justice Falola of the Osun State High Court, in the Segun Olowookere case (Suit No:HKK 2C/2012), which he claimed to have “OBTAINED.”
The correspondent, in writing his distorted story relied on an UNCERTIFIED and “heavily padded” 33-page inauthentic judgment of the court,which he sent to me upon my request on Sunday, 22nd December, 2024 by 7:25 am via WhatsApp.
It is important to note that the said judgment was the ONLY document expressly mentioned by the Reporter (in the introductory paragraph of his story) that he obtained, and upon which he is expected to base his story, by relying strictly on the information contained therein, in order to enlighten and not mislead the public.
Unfortunately, the reporter made mention of facts/information not contained in the authentic judgment of the court, in order to mislead the general public, who would ordinarily expect factual based news reportage from The Nation Newspaper. At this juncture, the questions that will naturally arise: (1)From where and from whom did he obtain the distorted judgment of the court?
(2) Who approved the featuring of the news story based on an uncertified judgment purportedly emanating from the Osun State High Court?
PLEASE NOTE that since the judgment sent to me by The Nation Newspaper correspondent is “uncertified”, it is clear it was not obtained from the Osun State High Court.
My 5-page rejoinder has pointed out the distortions/misrepresentations in the story.
For instance, the authentic judgment of the court is 17 pages, while the inauthentic one is 33 pages. Pages not part of the authentic judgment (and which curiously were not numbered) were inserted into the judgment, with the aim of misleading unsuspecting members of the public. It is ironical that the LAST Page of a 33 page document is page 17. Furthermore, the inauthentic 33-page judgment starts from page 1, then followed in a distorted manner by pages 13, 12, 2, 7,11, with the statement of witnesses sandwiched in between the purported judgment of the court.
PLEASE NOTE judgments do not have annexures), and it amounts to great mischief to introduce pages not part of the original judgment or rely on same to write a story, which would influence public perception of a topical issue.
Playing the Devil’s Advocate, assuming without conceding the reporter deliberately sent me the distorted version of the judgment, while writing his news feature based on the authentic judgment, the question that will naturally arise is
1) Why copiously quote a confessional statement not captured in the authentic judgment of the court? This is bearing in mind that the reporter had expressly stated he OBTAINED only the judgment of the court in the introductory paragraph of his news story. The actual testimony of Olowookere Segun (DW 1) is captured on
page 6 of the 17-page authentic judgment.
Distorted news amounts to fake news and contributes to its rise. It blurs the line between factual reporting and fake news.
Debo Oladinni Senior Legal Adviser to the Attorney-General & Commissioner for Justice, Osun State
DETAILS OF DEBO OLADINNI’S RESCTIONS TO NEWSPOT.
REJOINDER – UNTOLD STORY OF CONDEMNED FOWL THEFT CONVICT PUBLISHED IN THE NATION NEWSPAPER OF 21ST DECEMBER, 2024
SUIT NO: HKK 2C/2012: THE STATE VS. OLOWOOKERE SEGUN & ANOR – SETTING THE RECORD STRAIGHT
BY DEBO OLADINNI
AUTHENTIC JUDGMENT INAUTHENTIC VERSION OF JUDGMENT RELIED ON BY THE NATION NEWSPAPER IN ITS PUBLICATION OF 21ST DECEMBER 2024 The authentic judgment of the court is 17 pages, delivered on 17th December, 2014, duly signed by Hon. Justice S.O. Falola. Certified true copies of the judgment were issued on 1st December 2015 and 31st May, 2016 by O. Adeniji (Senior Registrar of the Osun State High Court of the Ikirun Judicial Division as at then). The inauthentic/distorted version of the judgment is 33 pages (which is UNCERTIFIED by the court) was relied on by The Nation newspaper in its featured story on 21st December, 2024 captioned “Untold story of condemned fowl theft convict” https://thenationonlineng.net/untold- story-of-condemned-fowl-theft- convict/amp/ The Nation Newspaper correspondent claimed to have “OBTAINED a copy of the judgment delivered on December 17”, in the introductory part of his story/feature. Upon my request for the copy of the judgment purportedly obtained by the correspondent, he sent me the said inauthentic 33-page judgment via WhatsApp at 7:25am on Sunday, 22nd December, 2024. The document was captioned/titled: “Judgment of Fowl robbery sentence…” The following questions will arise:
From where and from whom did he obtain the redacted judgment of the court? 2. Who approved the featuring of the story based on an UNCERTIFIED judgment purportedly emanating from the High Court? Please Note: Since the judgment is “UNCERTIFIED”, it is clear it was not obtained from the Osun State High Court. The ages of Olowookere Segun and Morakinyo Sunday were NOT stated in the judgment or on the charge sheet containing the eight-count charge. In essence, the judgment did not disclose the ages of the accused persons. The Nation newspaper feature/story in its introductory paragraph placed the ages of Olowookere Segun and Morakinyo Sunday at 22 and 21 respectively. NOTE: Running through the labyrinth of the authentic/real judgment of the court, the ages of both accused persons were NOT mentioned. The germane question that arises is from where did The Nation Newspaper correspondent get his information from? The Court identified six witnesses in page 5 of its 17-page judgment PW1- PW6 The Nation newspaper mentioned the name of a police officer, Ogunniyi Emmanuel as a witness, whose name was not captured in the authentic judgment of the court. The actual testimony of Olowookere Segun (DW1) is on page 6 of the authentic judgment of 17 pages. The purported confessional statement of Olowookere Segun referred to in The Nation newspaper story/publication and based on the inauthentic 33-page judgment was not captured in the 17- page judgment either expressly or remotely.
The authentic 17-page judgment is paginated chronologically The inauthentic version of the 33-page judgment is NOT paginated chronologically and is blurry/almost unreadable making it difficult to comprehend. For instance, the judgment starts from page 1, then followed in a distorted manner pages 13, 12, 2, 7, 11, with the statement of one Ojo Dare, and other witness statements appearing in between the purported judgment, then followed by other page numbers. Please note: that the very “LAST PAGE” of the 33-page judgment relied on by The Nation newspaper reporter is PAGE 17. Please Note: The witness statements circulating in the public domain are typed, undated and unsigned.
THE NATION NEWSPAPER ACCURATELY REPORTED THE DECISION OF THE COURT AS CONTAINED IN PAGE 17 OF THE AUTHENTIC JUDGMENT
The Nation Newspaper ACCURATELY reported the judgment of Hon. Justice Falola when it stated in part thus: “However, he dismissed counts 2, 4, 5 and 7 against them…” In essence, My Lord, on page 17 of his judgment discharged and acquitted the accused persons on 4 out of 8 counts:
1. The court discharged and acquitted (page 17 of judgment) the two accused persons with respect to Count 2 of the charge. In essence, it was NOT PROVED beyond reasonable doubt that Olowookere Segun and Morakinyo Daramola “conspired to rob Balogun Taye of his two mobile phone (One Nokia BMW Chins Phone and some fowl)” [sic].
Please note that Count 2 is contained on page 2 of the 17-page judgment.
The court discharged and acquitted (page 17 of judgment) the two accused persons with respect to Count 4 of the charge. In essence, it was NOT PROVED beyond reasonable doubt that Olowookere Segun and Morakinyo Daramola “conspired to, on or about November 2010 at Oyan in Okuku Judicial Division conspired to rob Elizabeth Dare.”
Please note that Count 4 is contained on page 3 of the 17-page judgment.
3. The court discharged and acquitted (page 17 of judgment) the two accused persons with respect to Count 5 of the charge. In essence, it was NOT PROVED beyond reasonable doubt that Olowookere Segun and Morakinyo Daramola “on or between April 2010 and Month of November, 2010 at Oyan in Okuku Judicial Division while armed with Local Gun and Cutlasses robbed Balogun Taye of N5,000 (five thousand naira), mobile phones (one Nokia BMW China Phone and Siemen Phone) all valued at N20,100.00 (twenty thousand, one hundred naira only) and some fowl valued N30,000 (thirty thousand naira only)”
Please note that Count 5 is contained on page 3 of the 17-page judgment.
4. The court discharged and acquitted the two accused persons on Count 7 (page 17 of judgment). In essence, it was NOT PROVED beyond reasonable doubt that Olowookere Segun and Morakinyo Daramola “on or about April, 2010 and Month of November, 2010 at Oyan in Okuku Judicial Division stole Groundnut Oil valued N7,000 (seven thousand naira) property of Elizabeth Dare.”
Count 7 is contained on page 4 of the 17-page judgment.
Please Note- That Olowookere filed a Notice of Appeal on 9th May, 2016 based containing one ground of appeal.
RESPONSE TO THE SUBMISSION OF ADEBAYO MUTALABI OJO, SAN
Respectfully speaking, learned Silk took the Press Release issued by the Governor’s spokesperson, Mallam Olawale Rasheed out of context when he stated thus in his Statement amply quoted by the Nation Newspaper:
“However, it is unconstitutional for any Governor or the President to investigate the circumstances under which any judge delivered his judgment and or the reason(s) and or propriety or otherwise of the judgment. The executive lacks such powers.”
“It is a clear usurpation of the powers vested in the judiciary by the Constitution. It is always deeply traumatic whenever judges are being bullied and harassed on the internet for performing their lawful duties, more so when such attacks are premised on falsehood and rumours.”
“We must avoid exposing our Judges to dangers and risk of being attacked by criminals which can lead to loss of lives.”
“Governor Ademola Adeleke of Osun has unlimited powers to set free the convict in question and any other convicts without any reason, but that unconstitutional investigation must be stopped forthwith.”
REBUTTAL: Reference to the word “investigation” in the Press Release issued by the Governor’s spokesperson is with respect to investigating the CLAIMS of Segun Olowookere’s parents, while profusely appealing to the Governor of Osun State, His Excellency, Senator (Dr.) Ademola Jackson Nurudeen Adeleke to grant their son a pardon. It was not stated either expressly or impliedly that His Excellency directed the investigation or review of the judgment of the court. There is nothing unconstitutional about investigating the claims of the parents of Segun Olowookeere.
His Excellency is a respecter of the rule of law and the courts of our land and has a competent and knowledgeable Attorney-General & Commissioner for Justice, Oluwole Jimi-Bada, Esq. to give him sound legal advice when required. I am sure Adebayo Mutalabi Ojo, SAN is not aware that the Nigerian Correctional Service also declared formally in writing prior to issuance of any Press Release that Segun Olowookere had been of good conduct for the past ten years since his conviction.
Written by: DEBO OLADINNI 23rd December, 2024
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