Olayiwola Afolabi, SAN
A Senior Advocate of Nigeria (SAN) and Notary Public, Olayiwola Afolabi, has urged Edo State Governor Monday Okpebholo not to execute four persons sentenced to death for kidnapping until they have had the opportunity to appeal their convictions.
Afolabi said the governor should allow the convicts the legally prescribed 90-day period to challenge the judgment before taking any action on their execution.
Justice Aigbona Momodu of the Edo State High Court, Benin City, had on Monday found the four defendants guilty of kidnapping and sentenced them to death by hanging or lethal injection on some of the counts.
The convicts are Marvellous Isaac, 32; Wisdom Michael, 36; Rufus Emete Michael, 30; and Gift Raphael, 27. They were arraigned on 11 counts bordering on kidnapping but pleaded not guilty to the charges.
The court heard that the defendants were involved in several kidnapping operations, including the broad-daylight abduction of Oseghale Precious on June 14.
They were arrested three days after the incident, while other victims subsequently identified them and testified against them.
During the trial, the prosecution, led by the Attorney-General and Commissioner for Justice, Roland Otaru, called seven witnesses, while the defendants did not call any witnesses.
In his
judgment, Justice Momodu noted that the defence did not challenge the exhibits tendered by the prosecution, particularly the confessional statements made by the defendants.The judge found Marvellous Isaac guilty on all the counts. He sentenced him to seven years’ imprisonment on count one, 10 years on count 10 and life imprisonment on count 11, while imposing the death penalty on counts two to nine.
Wisdom Michael was discharged and acquitted on counts 10 and 11.
Rufus Michael received seven years’ imprisonment on count one and the death sentence on counts two to nine. However, he was discharged and acquitted on counts four, five, eight, nine, 10 and 11.
The only female defendant, Gift Raphael, was discharged and acquitted on counts four, five, eight, nine, 10 and 11. She was sentenced to seven years’ imprisonment on count one and death on counts two, four, six and eight.
Reacting to the judgment, Afolabi said, “The Governor cannot order execution of the convicts. It is only when they fail to file an appeal within the required 90 days. I know the Attorney-General will not advice the Governor to carry out the execution when the 90 days have not expired.”
Also reacting, Bar Jude Okonkwo commended the Chief Justice, Momodu, for what he described as a right judgment and a commendable effort.
