Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has submitted a formal plea to Ekiti State Attorney-General and Commissioner for Justice, Mr. Dayo Apata, SAN, seeking the grant of clemency for Olayinka Afolalu, who has been in prison custody for 23 years.
Afolalu was arrested on April 27, 2002, in Ilawe Ekiti and charged with two counts of armed robbery.
According to court records, the first charge alleged that he robbed one Idowu Fanikun of ₦225.00, while the second accused him of robbing Mercy Ogunshakiu of ₦1,750.00 using offensive weapons.
The Ado-Ekiti High Court acquitted him of the first count but found him guilty of the second, sentencing him to death.
Appeals to the Court of Appeal and the Supreme Court were dismissed.
In 2015, former Governor Ayodele Fayose commuted Afolalu’s death sentence to life imprisonment, citing his commendable behaviour while incarcerated at the Kirikiri Maximum Security Correctional Centre.
Falana, in his plea, noted that despite Afolalu’s conviction, reports confirm that he has maintained a clean record in custody and had gone ahead to acquire vocational skills thus positioning him as a potential contributor to society if granted freedom.
According to independent findings, Afolalu has acquired proficiency in paint making and painter through his participation in the skill acquisition training organized by Anchor Heritage Empowerment Initiative. He has also acquired vocational skill in tie and dye textile making.
To satisfy his urge for knowledge acquisition, Afolalu wrote his Ordinary Level (O/L) exam in prison and passed. He went ahead to acquire the National Certificate of Education (NCE) from Yewa Central College of Education, Ayetoro Road and majored in Economics and Social Studies. Currently, Afolalu is going to 200 level, studying Theology at the National Open University, Nigeria Maximum Security Correctional Service Special Study Centre, Kirikiri. Afolalu also participated in Joy Bringers Foundation Character Training School which he completed with distinction.
The learned silk, in the letter dated January 22, 2025 and addressed to the Attorney-General, said the robbery incident, which occurred over two decades ago, did not involve physical harm to the victim.
He asserted that Afolalu’s accomplices evaded arrest and were never declared wanted by law enforcement agents.
Falana stated that the convict has demonstrated good behaviour in lawful prison custody and had gone ahead to acquire special skills that would be useful to the society.
Falana, in the letter, said his firm had been requested by Olayinka Afolalu in the Kirikiri Maximum Security Correctional Centre to draw the attention of the Prerogative of Mercy Committee under his “able leadership to his (Afolalu) plight with a view to recommending him to the Governor of Ekiti State for full pardon”.
“The humble request of Olayinka Afolalu for full pardon is predicated on the following facts: Olayinka Afolalu was arrested on April 27, 2002 at Ilawe Ekiti and arraigned on a two-count charge of armed robbery before the Ado Ekiti High Court.
“Thefirst charge was that he robbed one Idowu Fanikun (F) of the sum of N225.00 and the second charge was that he robbed one Mercy Ogunshakiu (F) of the sum of N1,750.00 while armed with offensive weapons.
“The police alleged that the three other members of the robbery gang escaped but they were never declared wanted.
“At the conclusion of the trial, the learned trial Judge found Mr. Afolalu not guilty of the first count of the charge and accordingly discharged and acquitted him.
“As for the second count of the charge, the learned trial Judge convicted him and sentenced him to death. His appeal to the Court of Appeal and Supreme Court against his conviction and sentence were dismissed.
“Thus, Olayinka Afolalu has been in prison custody for the past 23 years for robbing one Mercy Ogunshakiu of the sum of N1,750.00.
“In 2015, former Governor of Ekiti State, Mr. Ayodele Fayose, commuted the death sentence passed on Olayinka Afolalu to life imprisonment on account of his good conduct in the Kirikiri Maximum Security Correctional Centre.
“It is on record that even though the victim of the armed robbery was deprived of the sum of N1, 750.00, she was not physically attacked during the unfortunate incident.
“Having confirmed that the convict has demonstrated good behavior while in prison custody and has acquired special skills that could be useful to the society, we are compelled to request the Prerogative of Mercy Committee to recommend to Governor Biodun Oyebanji to grant full pardon to Olayinka Afolalu pursuant to section 212 of Constitution of the Federal Republic of Nigeria, 1999 as amended.”
