Osun State governor, Ademola Adeleke has ordered investigation into the case of a boy sentenced to death by an Osun High Court in 2010 for allegedly stealing chicken and eggs.

Adeleke’s order is contained in a statement issued by his spokesperson, Malam Olawale Rasheed on Wednesday in Osun. The governor has also ordered the state Attorney General, Mr Oluwole Jimi-Bada, to intervene in the matter and to ensure the convict’s name was among inmates listed to be granted prerogative of mercy before the end of the year.

“I have read about the case. I recognise separation of powers in our democracy. In this particular case, I have directed the Commissioner for Justice to initiate processes to grant the prerogative of mercy to the young man.

“Osun is a land of justice and equity. We must ensure fairness and protection of the sanctity of lives. I assure the public that the matter is receiving my direct attention.

“A sense of urgency is also attached to our response to the matter as a responsible state government,” the governor was quoted as saying. Justice Sakariyah OyejideFalola, who was compulsorily retired by the National Judicial Council (NJC) in 2023, sentenced Segun Olowookere and Morakinyo Sunday to death by hanging in December 2010 for stealing fowls in Osun.

They were charged with conspiracy, robbery and stealing, offences that were contrary to Section 6(b) and 1(2)(a) of the Robbery and Firearm (Special Provisions) Act, cap R 11 Laws of Federation of Nigeria 2004 and Section (390)(1) Criminal Code Law, Cap 34, Laws of Osun State, 2002. Under Section 2 (a) (b) of the Robbery and Firearm (Special Provisions) Act, the punishment for robbery is death by “hanging” or “firing squad”.

“If any offender mentioned in subsection (1) of this section is armed with any firearms or any offensive weapon or is in company with any person so armed; or (b) at or immediately before or immediately after the time of the robbery the said offender wounds or uses any personal violence to any person, the offender shall be liable upon conviction under this Act to be sentenced to death,” the section reads.

Olowookere and Sunday were found to have broken into the residence of Balogun Tope, a police officer in Okuku, Osun State, and stolen some of his properties.

With six witnesses, Osun Solicitor General, Abiola Adewemimo led the prosecution to inform the court that Olowookere (then 17 years ) and Sunday were seen around the officer’s building on November 13, 2010, with a cutlass and a Dane gun.

The prosecution also stated that the convicts had confessed that it was not the first time they would steal fowls belonging to the complainant.

“They also stated that they had earlier robbed AlhajaUmaniOyewo in her house and stole broilers, eggs and kegs of vegetable oil from the house,” Adewemimo told the court.

Based on Adewemimo’s submission, Falola, then sitting judge at the Okuku Division of the Osun High Court, convicted the two men as follows: death sentence for conspiracy; life sentence for robbery; and three years imprisonment for stealing.

Considering the fact that they were minors, Falola then recommended that the state governor could use his prerogative to commute the death sentence to 10 years imprisonment.

But Olowookere’s parents insisted that their child did not commit the offence for which he was convicted. Their appeal for his release has attracted huge public interest, informing Governor AdemolaAdeleke to consider an official pardon for Olowookere.