Michael Adedapo Omisade & Ors V. The Queen (1964)
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ADEMOLA, C.J.N.
The appellants were charged with others in the High Court of Lagos and the criminal information filed against them is as follows:-
“Oladipo Akinwunmi Maja, Michael Adedapo 36, Gabby Sasore, Adeyiga Akinsanya, Richard Babalola, Sunbo Jibowu, Samuel Akanbi Onitiri, Sebastian James Umoren, Ayo Akinsanya, Sunday Ebietoma, Samuel Taiwo Oredein, Anomuogharan Okotie-Yesin alias Morrison Okotie, Lateef Jakande, Josiah Olawoyin, Uzodinma Iroegbu Nwaobiala, Victor Olabisi Onabanjo, Alfred Ogbeyiwa Rewane, Gabriel Eyekwonire Ekwejunor-Etchie, Chike Obi, Simeon Oyeshile, Samuel Adesanya Otubanjo, Joseph Sarwian Tarka, Josiah Oladiran Lawanson, Muri Badmus, Joshua Olatunde Akinropo Akamo, Alex Tunde Amuwo, Obafemi Awolowo, Anthony Eronsele Enahoro, Samuel Grace Ikoku, Ayo Adebanjo and James Olubunmi Aluko are charged with the following offences:-
STATEMENT OF OFFENCE-FIRST COUNT
Treasonable felony, contrary to Section 41 (b) of the Criminal Code.
PARTICULARS OF OFFENCE
Oladipo Akinwunmi Maja, Michael Adedapo Gabby Sasore, Adeyiga Akinsanya, Richard Babalola, Sunbo Jibowu, Samuel Akanbi Onitiri, Sebastian James Umoren, Ayo Akinsanya, Sunday Ebietoma, Samuel Taiwo Oredein, Anomuogharan Okotie-Yesin alias Morrison Okotie, Lateef Jakande; Josiah Olawoyin, Uzodinma Iroegbu Nwaobiala, Victor Olabisi Onabanjo, Alfred Ogbeyiwa Rewane, Gabriel Eyekwonire Ekwejunor-Etchie, Chike Obi, Simeon Oyeshile, Samuel Adesanya Otubanjo, Joseph Sarwian Tarka, Josiah Oladiran Lawanson, Muri Badmus, Joshua Olatunde Akinropo Akamo, Alex Tunde Amuwo, Obafemi Awolowo, Anthony Eronsele Enahoro, Samuel Grace Ikoku, Ayo Adebanjo and James Olubunmi Aluko between December, 1960, and September, 1962, in Lagos and in various other places in Nigeria formed an intention to levy war against our Sovereign Lady the Queen within Nigeria in order by force or constraint to compel our Sovereign Lady the Queen to change her measures or counsels and manifested such intention by overt acts detailed below:
OVERT ACTS OF THE OFFENCE
1. Between November, 1961, and September, 1962, Ayo Akinsanya, Samuel Taiwo Oredein, Lateef Jakande, Alfred Ogbeyiwa Rewane, Gabriel Eyekwonire Ekwejunor-Etchie, Joseph Sarwian Tarka and Obafemi Awolowo, solicited, incited and endeavoured to persuade and procure certain persons to take part in the levying of war against our Sovereign Lady the Queen.
2. Obafemi Awolowo between December, 1960, and February, 1962, procured Oladipo Akinwunmi Maja to arrange for the training of Nigerians outside Nigeria in the unlawful use of explosives, weapons, arms and ammunitions in preparation for the said levying of war within Nigeria against our Sovereign Lady the Queen.
3. Between November, 1961, and September, 1962, Michael Adedapo 36, Gabby Sasore, Adeyiga Akinsanya, Richard Babalola, Sebastian James Umoren, Ayo Akinsanya, Sunday Ebietoma, Anomuogharan Okotie-Yesin alias Morrison Okotie, Uzodinma Iroegbu Nwaobiala, Victor Olabisi Onabanjo, Samuel Adesanya Otubanjo, Joseph Sarwian Tarka, Josiah Oladiran Lawanson, Muri Badmus, Joshua Olatunde Akinropo Akamo and Alex Tunde Amuwo with various other persons attended, outside Nigeria, courses of training in the unlawful use of explosives, weapons, arms, and ammunitions with the purpose of taking part within Nigeria in the said levying of war against our Sovereign Lady the Queen.
4. Between November, 1961, and September, 1962, Oladipo Akinwunmi Maja, Michael Adedapo 36, Gabby Sasore, Adeyiga Akinsanya, Richard Babalola, Sunbo Jibowu, Samuel Akanbi Onitiri, Sebastian James Umoren, Ayo Akinsanya, Sunday Ebietoma, Samuel Taiwo Oredein, Anomuogharan Okotie-Yesin, alias Morrison Okotie, Lateef Jakande, Josiah Olawoyin, Uzodinma Iroegbu Nwaobiala, Victor Olabisi Onabanjo, Alfred Ogbeyiwa Rewane, Gabriel Eyekwonire Ekwejunor-Etchie, Chike Obi, Simeon Oyeshile, Samuel Adesanya Otubanjo,Joseph Sarwian Tarka,Josiah Oladiran Lawanson, Muri Badmus, Joshua Olatunde Akimropo Akamo, Alex Tunde Amuwo, Obafemi Awolowo, Anthony Eronsele Enahoro, Samuel Grace Ikoku, Ayo Adebanjo, and James Olubunmi Aluko were concerned in the unlawful importation of arms and ammunitions into Nigeria and the unlawful possession thereof and the unlawful purchase and possession of explosives in Nigeria.
5. During the month of August, 1962, Michael Adedapo 36 and Samuel Akanbi Onitiri for purposes prejudicial to the safety of Nigeria visited the Power Station of the Electricity Corporation of Nigeria at Ijora, Lagos.
6. During the month of August, 1962, Michael Adedapo 36 for purposes prejudicial to the safety of Nigeria visited the Control Tower at Lagos Airport, Ikeja
7. During the month of August, 1962, Michael Adedapo 36 and Samuel Akanbi Onitiri for purposes prejudicial to the safety of Nigeria visited the Government Magazine in Lagos.
8. During the month of August, 1962, Michael Adedapo 36 and Samuel Akanbi Onitiri for purposes prejudicial to the safety of Nigeria, visited the Royal Nigerian Naval Base at Apapa, Lagos.
STATEMENT OF OFFENCE-SECOND COUNT
Conspiracy to commit a felony, contrary to Section 516 of the Criminal Code.
PARTICULARS OF OFFENCE
Oladipo Akinwunmi Maja, Michael Adedapo 36, Gabby Sasore, Adeyiga Akinsanya, Richard Babalola, Sunbo Jibowu, Samuel Akanbi Onitiri, Sebastian James Umoren, Ayo Akinsanya, Sunday Ebietoma, Samuel Taiwo Oredein, Anomuogharan Okotie-Yesin alias Morrison Okotie, Lateef Jakande, Josiah Olawoyin, Uzodinma Iroegbu Nwaobiala, Victor Olabisi Onabanjo, Alfred Ogbeyiwa Rewane, Gabriel Eyekwonire Ekwujunor-Etchie, Chike Obi, Simeon Oyeshile, Samuel Adesanya Otubanjo, Joseph Sarwian Tarka, Josiah Oladiran Lawanson, Muri Badmus, Joshua Olatunde Akinropo Akamo, Alex Tunde Amuwo, Obafemi Awolowo, Anthony Eronsele Enahoro, Samuel Grace Ikoku, Ayo Adebanjo and James Olubunmi Aluko on divers days between December, 1960, and September, 1962, conspired together and with other persons unknown in Lagos to commit a felony to wit to levy war against our Sovereign Lady the Queen in order to intimidate or overawe the Governor-General.
STATEMENT OF OFFENCE-THIRD COUNT
Conspiracy to effect an unlawful purpose, contrary to Section 518(6) of the Criminal Code.
PARTICULARS OF OFFENCE
Oladipo Akinwunmi Maja, Michael Adedapo 36, Gabby Sasore, Adeyiga Akinsanya, Richard Babalola, Sunbo Jibowu, Samuel Akanbi Onitiri, Sebastian James Umoren, Ayo Akinsanya, Sunday Ebietoma, Samuel Taiwo Oredein, Anomuoghara Okotie-Yesin alias Morrison Okotie, Lateef Jakande, Josiah Olawoyin, Uzodinma Iroegbu Nwaobiala, Victor Olabisi Onabanjo, Alfred Ogbeyiwa Rewane, Gabriel Eyekwonire Ekwejunor-Etchie, Chike Obi, Simeon Oyeshile, Samuel Adesanya Otubanjo, Joseph Sarwian Tarka, Josiah Oladiran Lawanson, Muri Badmus, Joshua Olatunde Akinropo Akamo, Alex Tunde Amuwo, Obafemi Awolowo, Anthony Eronsele Enahoro, Samuel Grace Ikoku, Ayo Adebanjo and James Olubunmi Aluko on divers days between December, 1960 and September, 1962, conspired together and with other persons unknown in Lagos and in various other places in Nigeria to effect an unlawful purpose to wit, to contravene the provisions of the Firearms Act (Cap. 69) and Regulations made thereunder.”
The first and fifth accused turned Crown witnesses. Accused Nos. 28 to 31, namely Anthony Eronsele Enahoro, Samuel Grace Ikoku, Ayo Adebanjo and James Olubunmi Aluko, were not present in Court and the charges against them were withdrawn but not on the merits. Accused Nos. 16, 17,18, 19, 22, 24, and 26, namely Victor Olabisi Onabanjo, Alfred Ogbeyiwa Rewane, Gabriel Ekwejunor-Etchie, Chike Obi, Sarwian Tarka, Muri Badmus and Alex Tunde Amuwo, were discharged in the High Court. The remaining eighteen accused persons were convicted of various offences in the Information and sentenced to various terms of imprisonment. They have all appealed against their convictions. The sixth accused, Sunbo Jibowu, died in prison whilst serving his term.
Of the seventeen appellants before us, the eleventh accused, the fourteenth accused, the twenty-third accused and the twenty-fifth accused, namely Samuel Taiwo Oredein, Josiah Olawoyin, Josiah Oladiran Lawanson, Joshua Olatunde Akinropo Akamo, were discharged by this Court immediately after the hearing of the appeal, as we were of the opinion that the evidence against them was slight and, properly considered, did not establish any of the offences with which they were charged. It remains to consider the appeal of the remaining thirteen appellants, whose names will be given later.
The twenty-seventh accused is the leader of one of the three main original political parties in Nigeria known as the Action Group. The Party was inaugurated in 1951 and after about eleven years of its existence there came a dissension amongst its members, and in May 1962 the party split in two.
The other two main political parties are known as the Northern Peoples’ Congress (or N.P.C.) and the National Congress of Nigerian Citizens, or N.C.N.C. as it is generally called. Each party draws its main following from a particular region; the Action Group in the West, the N.C.N.C. in the East and the N.P.C. in the North. From the outset, the N.C.N.C. has had a backing in the West as well.
The Action Group later had some foothold in the East, and in 1959 made a determined effort in the Northern Region to win a majority of seats at the General Election to the House of Representatives in December 1959. In this attempt it sough
Other Citation: (1964) LCN/1126(SC)
