By Vincent Egunyanga, Ben Adoga, David Lawani, and Anthony Otaru
A Special Criminal Court sitting in Benin City, Edo State, has sentenced four members of a kidnapping syndicate, including a 27-year-old woman, to death by hanging or lethal injection.
The verdict, delivered by Justice Aigbonna Terry Momodu, has divided legal opinion, with some lawyers backing the judgment as a strong response to kidnapping, while human rights advocates question the effectiveness and implications of capital punishment.
The convicts, Marvellous Isaac, 32; Gift Raphael, 27; Wisdom Michael; and Rufus Michael, were arraigned on an 11-count charge bordering on kidnapping, conspiracy, armed robbery and possession of firearms, among other offences.
The prosecution case arose from the abduction of a woman at the Vegetable Market, off Airport Road, Benin City, during which her husband reportedly escaped.
Justice Momodu held that the prosecution had proved its case beyond reasonable doubt before imposing varying prison terms and death sentences on the defendants.
The court sentenced each defendant to seven years’ imprisonment on the first count, while death sentences were imposed on various other counts. Additional sentences included 10 years’ imprisonment and life imprisonment on specified counts.
For Isaac, death sentences were imposed on counts two to nine. Similar capital sentences were handed down to Wisdom Michael, Rufus Michael and Gift Raphael on the counts for which they were convicted.
The Special Criminal Court was established by the Edo State Government to handle kidnapping and cultism cases following the Vegetable Market incident.
*Lawyers, rights activists split over capital punishment
A Benin-based lawyer, Barrister Olayiwola Afolabi, commended the Edo State Government for establishing the Special Criminal Court but stressed that the convicts retained their right to appeal.
He cautioned against any immediate execution, noting that the judgment was subject to the legal process.
“The Governor cannot order execution of the convicts. It is only when they fail to file an appeal within the required 90 days,” Afolabi said.
Another lawyer, Barrister Jude Okonkwo, commended Justice Momodu for what he described as a proper judgment and an effort to tackle kidnapping.
An Abuja-based human rights lawyer also backed the judgment and its eventual execution, provided all legal procedures were followed.
The lawyer said the verdict could deter prospective kidnappers and encourage existing criminals to abandon violent activities.
He, however, cautioned Governor Monday Okpebholo against rushing the execution, stressing the need to allow the appeal process to run its course.
“Death penalty is a serious issue and execution is painstakingly done. Ninety days is required for appeal processes,” he said.
He also stressed that any execution must strictly follow the judgment and legal procedures and should not become “a public show or political statement.”
*Experts demand due process, stronger policing and justice reforms
Lead Director of the Centre for Social Justice, Eze Onyekpere, opposed the death penalty for kidnapping, arguing that capital punishment had failed to address the underlying causes of violent crime.
He urged the Federal and state governments to address unemployment, poverty, corruption, weak investigative capacity and inadequate policing infrastructure.
Senior Advocate of Nigeria, Femi Falana, also opposed the sentences, describing capital punishment as an ineffective deterrent that had failed to resolve the root causes of criminality.
Falana argued that systemic corruption and the alleged looting of public resources contribute to the poverty and insecurity that fuel kidnapping.
Legal scholar and SAN, Prof. Uchenna Emelonye, also rejected the expansion of capital punishment as a response to kidnapping.
“Expanding the death penalty is a regressive, ineffective and legally questionable response to kidnapping,” Emelonye said.
He said the judgment raised concerns under international human rights jurisprudence and the International Covenant on Civil and Political Rights, which Nigeria ratified in 1993.
Emelonye also cited risks of wrongful convictions arising from inadequate investigations, torture-induced confessions and poor legal representation.
He advocated stronger policing, intelligence gathering and justice-sector reforms as alternatives to expanding capital punishment.
On why kidnappers and bandits in other parts of the country were not subjected to the same treatment, the Abuja-based lawyer said the Edo court acted under the Edo Kidnapping Prohibition Law 2013, as amended, and within its jurisdiction.
“I wish it applied to all across the country, but it doesn’t have that jurisdiction,” he said.
Meanwhile, the Conference of Non-Governmental Organisations (CONGOS) said the judgment should serve as a warning to youths being recruited into cult groups and criminal networks.
Its president, Comrade Dr Bartholomew Okoudo, urged young Nigerians to reject cultism and violence, while calling for youth empowerment, rehabilitation and sustained community engagement.
He said government institutions, traditional rulers, religious leaders, schools, families and civil society organisations must work together to prevent young people from being recruited into criminal groups.
Okoudo also stressed that perpetrators must be held accountable while the rights and dignity of citizens are protected.
“Say no to cultism, say no to violence, and stand for justice, peace and the protection of human rights,” he said.
