Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called on Governor Ademola Adeleke of Osun State to extend his pardon to Morakinyo Sunday, who was convicted alongside Segun Olowokere for armed robbery involving chickens and eggs.

Olowokere and Morakinyo were accused of robbing a police officer and others in the Odo-Otin Local Government Area of Osun State in November 2010. The stolen items reportedly included fowls, eggs worth ₦20,000, mobile phones and a gallon of vegetable oil.

Convicted in December 2014, both men were sentenced to death for conspiracy to commit armed robbery, life imprisonment for robbery, and three years for stealing. While Olowokere has been pardoned and released, Morakinyo remains in Kirikiri Maximum Correctional Centre.

In a statement on Monday, Falana noted discrepancies in their treatment, stating that since Olowokere and Sunday were convicted for the same offence the law requires that they be treated equally as Section 42 of the Nigerian Constitution prohibits discriminatory treatment of citizens.

He urged Governor Adeleke to grant Morakinyo pardon, asserting, “We are compelled to urge Governor Adeleke to exercise his prerogative of mercy in favour of Morakinyo Sunday as soon as possible.”

Falana’s statement read: “In April 2010, the Osun State Police Command arrested 6 young persons for armed robbery. 4 defendants namely Dare Sunday (15), Adedeji Samuel (15), Ojo Dare (16), Adeyemo Akeem (14) were released for undisclosed reasons. However, Segun Olowokere and Morakinyo Sunday were eventually arraigned in October 2012 on an 8-count charge of armed robbery. Upon arraignment of the duo, the police informed the trial court that the 4 defendants had jumped bail without any evidence that they were declared wanted!

“In the course of the trial, the defence counsel contended that the 2nd defendant (Morakinyo Sunday) was non compos mentis. The trial judge dismissed the allegation of insanity of the second defendant and proceeded with the trial.

“However, it was reported last week that Governor Ademola Adeleke had pardoned Segun Olowokere. On account of this, he has since been released from prison custody. While Segun Olowokere is currently breathing the air of freedom, his colleague, Morakinyo Sunday is still languishing in his condemned cell in the Kirikiri Maximum Correctional Centre.

“Since Segun Olowokere and Morakinyo Sunday were convicted for the same offence of armed robbery and sentenced to death, the law requires that they be treated equally as section 42 of the Nigerian Constitution has prohibited any form of discriminatory treatment of citizens. We are therefore compelled to urge Governor Adeleke to exercise his prerogative of mercy in favour of Morakinyo Sunday by granting him pardon, as soon as possible.”