The Federal High Court sitting in Abuja, on Friday,
convicted and sentenced two kidnappers, Kelvin Ezeiegbe and Frank Azuekor, to
20 years in prison.
The court, in the judgement that was delivered by Justice
Binta Nyako, found that the duo were involved in the abduction of a Senior
Advocate of Nigeria, SAN, Prof. Mike Ozekhome and his driver, on August 23,
2013.
Their kidnapping operation, which occured along Benin-Auchi
highway in Edo State, led to the death of six security operatives that were
attached to the senior lawyer.
Though the court found Ezeiegbe and Azuejor guilty of
kidnapping, terrorism and murder, it, however, discharged and acquitted two of
their alleged accomplices- Michael Omonigho and Haruna Momoh- who were cited as
3rd and 4th defendants, respectively, in the case that was prosecuted by the
Federal Ministry of Justice.
Whereas Omonigho regained his freedom, the court directed
security agencies to trace and arrest Momoh who escaped from custody during the
recent jail break at Kuje prison in Abuja.
Justice Nyako held that the prosecution could not establish
allegations of conspiracy and kidnapping against Omonigho and Momoh.
She however ordered that Momoh should be apprehended and put
on trial for escaping from lawful custody.
It will be recalled that the convicts were docked before the
court in June 2013, on a 13-count criminal charge.
They were specifically charged with conspiracy to commit
terrorist act, kidnapping of persons, inciting persons to commit act of
terrorism recruitment.
The defendants were said to have committed an offence
punishable under Section 17 of Terrorism Prevention Act 2011, as amended.
The prosecution, led by Mrs. Chioma Onuegbu, closed its case
after it called a total of seven witnesses and tendered 16 exhibits before the
court.
Among the witnesses that testified before the court included
Prof. Ozekhome, SAN, who narrated how he was forcibly abducted by Ezeiegbe,
Azuekor and other members of their gang.
The lawyer further disclosed that he was kept in captivity
for three weeks and was only released from the dungeon of the kidnappers after
he paid a ransom to the tune of N40million.
In her judgement on Friday, trial Justice Nyako said she was
satisfied that the prosecution established a prima facie case against Ezeiegbe
and Azuejor.
The court described Prof. Ozekhome’s testimony in the matter
as very “central to the prosecution’s evidence.”
“Mike Ozekhome is a Senior Advocate of Nigeria and he swore
with the Holy Bible while giving his testimony,” Justice Nyako noted, adding
that he was a witness of truth whose testimony could not be ignored.
While convicting Ezeiegbe and Azuekor, the judge further
relied on a letter then Attorney-General of Delta State wrote to then
Attorney-General of the Federation and Minister of Justice, which indicated
that Azuekor was previously indicted for a crime in the state before he was
eventually linked to Ozekhome’s abduction.
Justice Nyako held that the convicts’ denial of their
confessional statements was immaterial as they did not provide an alibi for the
crimes.
“The first defendant (Mr Ezeiegbe) aided and abetted the
second defendant (Mr Azuekor),” she held, adding that there was evidence that
Ezeiegbe and his gang members had earlier killed two prison officials that were
escorting Azuekor to a court in Delta State for another criminal trial.
According to evidence before the court, while Mr Azuekor was
being taken for trial in Delta, Ezeiegbe and his armed gang members ambushed a
prison vehicle, killing two personnel in the process before setting Mr Azuekor
free.
“I find him (Mr Azuekor) guilty of escaping from lawful
custody.
“I find that the prosecution has proven its case. This is
very believable evidence. We need to send right messages to society that it is
not acceptable to do bad behaviour.
“The convicts are hereby sentenced to 20 years imprisonment
each. Their prison term will run from the date of their arrest,” the judge
held.
The court, thereafter, directed the Department of State
Services, DSS, which is keeping the convicts in its custody, to transfer them
to a correctional center.
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