Accidental discharge: Mopol bags seven years jail term

A police mobile officer, Salisu Ibrahim,  who was attached to the Epe Branch of First Bank Plc, was on Tuesday sentenced to seven years imprisonment  for accidentally shooting the bank’s security guardwith his service  AK47 rifle.
The News Agency of Nigeria reports that Ibrahim, however, walked out of the court a free man, having spent six years and five  months in prison, exceeding his seven-year jail term because eight months equals to a year in prison.
While convicting Ibrahim, Justice Raliatu Adebiyi described as possible and believable, his confessional statement that the gun exploded and hit the deceased, Olanrewaju Majofodun.
She said: “The defendant is a police officer; therefore, the AK47 was lawfully issued, the firing of the rifle was in a reckless manner, without regard to human life.
“The court finds that the prosecution was able to prove beyond reasonable doubt that the firing of the AK47 rifle by the defendant caused the death of the deceased.
“The court finds the defendant rightly convicted as charged. Salisu Ibrahim is hereby found guilty of a one-count charge of manslaughter, contrary to Section 227 of the Criminal Law of Lagos State.
“Section 227 stipulates and I quote: “Anyone who commits the offence of manslaughter is liable to imprisonment for life.”
Following allocutus (plea for mercy) by defence counsel, Anthony Ezenda, the judge, in sentencing Ibrahim, applied the High Court Sentencing Guidelines issued as Practice Direction by former Chief Judge Opeyemi Oke on March 27, 2018.
The judge noted that the statute would permit the exercise of the discretion of the court in sentencing the defendant.
She held that there was lack of premeditation on the part of Ibrahim, saying that the discharge from his rifle was accidental and that he showed remorse.
“In considering aggravating and mitigating factors, the court finds that there was no aggravating factors but there were several mitigating factors in favour of the defendant.
“The first is the show of remorse, second is no previous conviction, third is care for the deceased, fourth is the confessional statement, and five is the fact that the defendant is a family man with children.
“The starting point on Table Five of the Sentencing Guidelines for modified offences, for low obligatory offences that cause serious harm is 50 per cent.
“The punishment being life sentence is calculated at 25 years, applying best practices; 50 per cent of 25 years amounts to 12.5 years,” she said.