He had shot to death one Ademola Aderintola Daramola during the 2012 fuel subsidy protest in Lagos State. He was also found guilty of shooting three other persons, Alimi Abubakar, Egbujor Samuel and Chizorba Odoh, during the protest, thereby causing them grievous bodily harm.
Justice Akinlade jailed Fabunmi for five years on this count - both sentences are to run concurrently.
The ex-policeman, who was arraigned on May 5, 2013 by the Lagos State government on a seven-count charge bordering on murder, attempted murder and causing grievous bodily harm, had argued that the shooting was accident.
He said him and his men had stormed Yaya-Abatan area of Ogba, where some people were terrorising the area, when a mob struggled to dispossess him of his AK-47 rifle. He said the shot was fired while he tried to retain possession of his rifle.
Having acknowledged that there was indeed a mob at the scene of the incident, the court resolved that his testimonies were conflicting.
"The only conclusion that can be drawn is that the defendant recklessly shot his rifle and in the process, the bullet hit the deceased. He definitely knew that shooting an AK-47 can cause grievous bodily harm to anyone the bullet hits.
"The fact that he was on a lawful duty did not mean that he should have shot his gun sporadically", the Judge said.
Justice Akinlade further noted that Fabunmi's sentence would have been more but for a good evidence provided by the defence team led by Mr. George Oguntade (SAN), which availed the defendant of the defence of provocation.
She said: "The defence of provocation will avail the defendant. It is evident that there was no time for his passion to cool before the gun was fired."
The deceased who was a fashion designer, was shot around 9.00 a.m. on January 9, 2013.
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