Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called on the Governor of Osun State, Ademola Adeleke, to grant a pardon to Morakinyo Sunday, who remains in prison after being sentenced to death for stealing fowls and eggs.

New Telegraph reports that Morakinyo was arraigned alongside Segun Olowokere, who was recently pardoned and released by the governor.

The case dates back to November 2010 when Morakinyo and Olowokere were arrested in Oyan, Odo-Otin Local Government Area of Osun State.

The duo was accused of robbing a policeman, Tope Balogun, of two fowls and eggs, as well as conspiring to rob one Oguntade Faramade of fowls and eggs worth ₦20,000.

They were also charged with stealing mobile phones, a gallon of vegetable oil, and attempting to rob another victim, Alhaja Umani Oyewo.

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During their trial, the convicts pleaded not guilty, but Olowokere reportedly made a confessional statement to the police.

On December 17, 2014, Justice Jide Falola of the Osun State High Court sentenced both men to death for conspiracy to commit armed robbery, life imprisonment for robbery, and three years imprisonment for stealing.

In his statement on Monday, Falana criticized the trial proceedings, noting that the defence had argued that Morakinyo was mentally unstable (non compos mentis), a claim that was dismissed by the court.

Falana also pointed out inconsistencies in the case, including the unexplained release of four other suspects arrested alongside Olowokere and Morakinyo.

According to Falana, “In April 2010, the Osun State Police Command arrested six young persons for armed robbery. Four defendants, namely Dare Sunday (15), Adedeji Samuel (15), Ojo Dare (16), and 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.

The police informed the trial court that the four defendants had jumped bail without presenting evidence that they were declared wanted.”

Falana expressed concern over the continued incarceration of Morakinyo, especially after Governor Adeleke granted a pardon to Olowokere, who has since been released from the Kirikiri Maximum Correctional Centre.

“While Segun Olowokere is currently breathing the air of freedom, his colleague, Morakinyo Sunday, is still languishing in his condemned cell,” Falana said.

The prominent lawyer has now appealed to Governor Adeleke to extend the same act of clemency to Morakinyo, citing the need for fairness and justice.