Justice Muntar Abimbola of Oyo State High Court
yesterday handed a seven-year jail term to Mrs. Yewande Oyediran, an official
of the Department of Public Prosecution (DPP), Ministry of
Justice, Oyo State, for killing her husband, Oyelowo Oyediran.
The
court found her guilty of manslaughter, since the crime was spontaneous, being
fallout of marital fight.
According
to the court, the murder was not premeditated, as Yewande did not have the
intention of killing Oyelowo.
Oyelowo
died on February 2, 2016, after he was stabbed in the neck during a fight with
Yewande, in their home at 30 Adeniyi Layout, Abidiodan, Akobo, Ibadan.
Yewande, who admitted
stabbing her husband with scissors and not a knife, stood trial from February
2016 till yesterday, for the crime, which is contrary to Section 316 and 319 of
Criminal Code Law, Cap 38, Vol II, Laws of Oyo State 2000, as amended.
The
court said evidences presented proved that Yewande caused Oyelowo neck injury
with the knife, which eventually led to his death, following a marital fight.
Delivering judgment,
Justice Abimbola, Chief Judge of Oyo
State, said: “Having considered the plea for leniency by the defence counsel
and all the circumstances and status of the defendant upon which I am called
upon, I shall be lenient. The defendant is hereby sentenced to seven years
imprisonment, and the term of
imprisonment is to run from the date of her arrest.”
The
court explained that Yewande’s offence was a case of manslaughter and not
murder because in a case of murder, the intention to kill
is a vital ingredient necessary to be established and proved by the prosecution.
The judge said the
prosecution did not establish beyond reasonable doubt the intention exhibited
by Yewande to kill her husband.
She held
that the defendant unlawfully killed the deceased in the circumstances that did
“not constitute murder and she’s found guilty of manslaughter.”
The lead
defence counsel, Mr. Leye Adepoju, said
the defence team would obtain and study the judgment and thereafter decide
whether to proceed to the Court of Appeal or not.
“We have
been able to reduce the charge from murder to manslaughter. This is something,
and we’ll take off from there. It is difficult to follow a judgment that is being
read because we’re just hearing it. But by the time it is produced into a
document, and we are served, we’ll look at it. If we have issues, we may
proceed on appeal. But if there is no issue, there won’t be need to appeal,”
Adepoju said.
The private counsel
employed by the Ministry of Justice to prosecute the case, Mr. Sanyaolu
Akinyele, said he would report what happened in the court to the Attorney
General and Commissioner for Justice in Oyo State. He, however, described the
judgment as well-researched.
In the
same vein, a legal practitioner, Mr. Femi Aborisade, who represented a
non-governmental organisation, Women Arise, said: “With this judgment, Lowo has
got justice.”
The
lawyer added: “I agreed that the court has done justice to Lowo based on the
facts presented. The court held that the defendant did not have intention to
kill her husband. The fight between them led the defendant to stab her husband,
which led to his death. When there was no intention to kill, the court held
under Section 319 that the case was a manslaughter. Under the law, the minimum
is seven years imprisonment and maximum is 25 years imprisonment.”
- Sun News
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