The argument over the Lagos masquerade murder rages. Shitta Olagunju was condemned to death for the killing. The sentence was later commuted to life imprisonment. But many people are not sure he is guilty.
Imagine yourself sitting desolate and dejected in a lonely death cell, rejected by the outside world. Imagine yourself condemned to death for a murder which you know you did not commit. The law has cheated you, but how are you to cheat death?
Until Friday, August 4, the day the death sentence passed on him was commuted to life imprisonment, Shitta Olagunuju had been pondering this in his cell in the Lagos Broad Street Prison.
Although Shitta, by the order of the acting governor general of the Federation of Nigeria, Chief Dennis Osadebay, will now not hang, there is still this big question: was he rightly found guilty of the murder of Mufutau Alabi Bamgbose?
It all began on Easter Saturday last year. We all know how, especially at times of festivities, youths are fond of wearing masquerades and of dancing. Occasionally, when two masquerades from different districts meet, there is a gang fight.
On this particular day there were about 500 followers of two opposing masquerades. There was a sudden fracas when the two opposing sides met. It was a free fight, as almost every one of the 500 loyal followers
was involved. A fatal blow was struck and one of the masqueraders, Mufutau Alabi Bamgbose, fell.
Who struck the fatal blow? Could anyone of those participating in the confused fighting really make out who dealt the blow that resulted in the tragedy? These were questions to which a twelve-man jury sitting at a Lagos assize five months later answered yes and found a plumber, Shitta Olagunju, guilty of murder.
The prosecution said Bamgbose was pursued by Shitta Olagunju and others. Bamgbose tried to enter a house but the door was shut against him. Shitta caught up with him and stabbed him with an aba (a U-shaped two-edge sharp instrument). According to the prosecution Bamgbose fell and another man, Taoridi Olasunkanmi – charged with murder along with Shitta – hit him with an iron pipe. Taoridi al so hit him on the hips with a knife.
But in his post-mortem examination, Dr Justin Uku said he found no evidence that Bamgbose was hit with an iron pipe. He also did not see any knife marks on Bamgbose‟s hips. And so Taoridi, who was standing trial for life, was discharged by the jury.
Following evidence by two prosecution witnesses, the judge summed up the witnesses evidence for the jury and said: it is quite obvious that his story of Fataiyi striking the deceased on the face with a hammer is a lie.
And it is equally obvious that his story of Taoridi striking Mufutau on the hips with a knife is a more blatant lie. I draw attention to these things to assist you in assessing the credibility of the witness and the reliability of his evidence.”
How could a jury which had been warned by the presiding judge that the evidence of one of the two principal prosecution witnesses was not to be relied on still sentence Shitta to death? Did the prosecution prove its case beyond all reasonable doubt? Certainly not. The prosecution proved that Mufutau was stabbed, but did not prove that Shitta stabbed him.
More witnesses were called. The owner of No 33 Oshodi Street, where Mufutau died said he saw a crowd of about 500 people. “Everybody was fighting all along and I had seen from a distance that it was not all against one. It was very rough and all were in utter confusion.” He said he saw Shitta but did not notice that he had an aba.
Could it not have been that a scuffle ensured because Shitta‟s followers were attempting to seize the charms worn by Mufutau? It was the confused fighting which resulted in the stabbing. Can a man be guilty of murder, manslaughter or unlawful killing in a public affray? Was it
really possible to point out in the midst of about 500 scufflers, who struck whom?
Two police constables, Jimoh Lawal and Raphael Uba, testified for the prosecution that Shitta Olagunju came alone to the police station at about 1 a.m. on Sunday morning.
Shitta Olanganju denied stabbing Mufutau Bamgbose, but admitted being at the scene. He said that on his way back from the scene he met Taoridi “who warned me not to go back to the spot w here there was a large crowd because the knife he was holding had been used there”.
There was very little difference between his original statements to the police and his evidence in court.
Shitta explain: “I went to Ebute-Metta to see someo ne. When I returned late in the night I learnt that the police had come to look for me. I immediately went to the police station to see what was wrong.
“As I spoke to my mother there, a police constable came and asked me if I was Shitta. I said I was. He got hold of my arm and said I was one of those who fought”.
No bloodstains were found on Shitta‟s clothes. It was also not proved that the bloodstains on the newspaper and the aba was that of the dead man. And it was not proved that Shitta‟s fingerprints were on the aba.
How did the prosecution really satisfy the jury with its case since the presiding judge had called its two main witnesses “ a liar” and “an inconsistent man”?
All the other evidence by prosecution witnesses was circumstantial. “it is perfectly clear” said the judge “that all the pr incipal prosecution witnesses have a direct interest in someone being punished for the death of their relative.”
Even if Shitta told lies, remember that Justice Bennet had warned the jury: “it is not for the accused to prove his innoc ence. Even if you do not believe his defence, you must be satisfied on the evidence produced by the prosecution that the Crown has proved beyond all reasonable doubt that the accused killed Mufutau.”
How was it possible for the jury to be satisfied beyond all reasonable doubt that the Crown had established its case when the evidence of the only three witnesses who matered in the case had been questioned by the judge?
4.0 CONCLUSION
Nigeria is blessed with a rich Arts and Culture.
5.0 SUMMARY
This unit has discussed the Nigerian Heritage of Arts, Wole Soyinka as Nigeria‟s Bernard Shaw, and how the Lagosians used to honour the dead.
6.0 TUTOR - MARKED ASSIGNMENT
In four sentences discuss Nigeria‟s heritage of Arts.
7.0 REFERENCE/FURTHER READING
Dyson, Sally (1998). Nigeria: The Birth of Africa‟s Greatest Country.
Vol.2 (pp 25 – 34). Spectrum Books.