An Osun State High Court sitting in Osogbo has sentenced six men to various jail terms for unlawful possession of firearms and conspiracy during the 2023 House of Assembly elections held in the state.
Justice M. Awe, in a judgment delivered on July 11 and obtained on Tuesday, found the defendants guilty on two counts of conspiracy and unlawful possession of firearms, but discharged them on a third count of conduct likely to cause a breach of peace.
The convicts — Yinusa Rahmon, Moshood Hamzat, Awotunde Gbenga, Adebayo Mutiu, Femi Taiwo, and Najeem Omotuntun — were arrested by operatives of the Department of State Services (DSS) on March 18, 2023, at a hotel in Ila Orangun, during the state assembly election.
During the trial, prosecution witnesses testified that the defendants were found in possession of two locally made barrel guns, six cartridges, two cutlasses, one battle axe, and a Fulani sword.
The Federal Government, represented by counsel Fatima Adesina, charged them on a three-count charge bordering on conspiracy, unlawful possession of firearms, and conduct likely to cause a breach of public peace.
However, Justice Awe ruled that the prosecution failed to establish the offence in count three, stating that the evidence did not prove that the defendants acted in a way that breached public peace at the time of their arrest.
“In the circumstances, the prosecution has failed to prove the offence alleged in count three of the charge. Each of the defendants is accordingly discharged and acquitted on same,” the court ruled.
On the first count of conspiracy, each of the convicts was sentenced to one year in prison with an option of a ₦100,000 fine.
For unlawful possession of firearms, the court handed each defendant a two-year jail term with an option of a ₦200,000 fine.
Justice Awe emphasised the gravity of the offence, noting that carrying arms during an election poses a serious threat to democratic stability and public safety.
The convictions were made under Sections 121, 125(1)(i), and 126(1)(f) of the Electoral Act, 2022.
The ruling serves as a reminder of the judiciary’s zero tolerance for electoral violence and its commitment to upholding the rule of law.
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