Kidnapping: High Court sentences man to death

Akwa Ibom State High Court 2, Abak Judicial Division, has sentenced a middle aged man to death for kidnapping.

Hon. Justice Iniabasi Udobong said that Robinson Offiong should be hanged until certified dead, for kidnapping Mfon John Tim, on June 2, 2014, at Itung Abak, Abak Local Government Area.

Robinson is reported to have committed the offence in connivance with other members of his gang still at large.

He pleaded not guilty to the two count charge of conspiracy and kidnapping. He was, however, not convicted on the charge of conspiracy, as according to the judge, besides the fact that other members of his gang are still at large, the Supreme Court has cautioned against delving into a lesser charge after convicting on a weightier charge.

On the day of the incident, Ubokobong Sunday Okorie was said to have been with the victim and witnessed his kidnap.

Okorie was said to have reported the crime to the village head of Itung Abak, Chief Jack Nkantion, who in turn reported it to the police in the area.

Surprisingly, Okorie, who allegedly witnessed the kidnap of John, and who ought to have been the star witness, was neither listed as a witness nor testified throughout the trial.

That failure led the defence team, headed by Mohammed Hussiana, to list the omission as one of the issues for determination by the court, to ascertain if the state has proven the charge of kidnapping beyond reasonable doubt.

Robinson was first arrested by the police at Abak, and later re-arrested by the anti-kidnapping unit of the State Criminal Investigations Department (SCID), Ikot Akpan Abia, Uyo, after the case was transferred from Abak.

Robison, in his confessional statement allegedly admitted to the commission of the crime. He mentioned the name of other members of the gang headed by Utomobong Graceday Ntuen. Robison led the anti-kidnapping team to an abandoned quarter at the Nigerian Institute for Oil palm Research (NIFOR), where the victim was kept.

When the police team got to NIFOR, they couldn’t locate Mfon. Robinson allegedly expressed fears to the police that the gang may have relocated with the victim to an unknown location. Till date, the victim has not been seen.

In court, Robison became controversial after he denied making any statement to the police. He also insisted that the statement he made and signed at Abak Police Station was obtained under duress. In another breadth, he alleged that he was forced and threatened into signing additional confessional statement at the state police headquarters after being tortured and macheted. He presented alleged machete cut injuries. He said he was stabbed on the laps with daggers.

The defence counsel insisted that the statement was involuntary, thus forcing a trial-within-trial. Robinson was his only witness. The court had to physically examine the witness in the presence of prison officers, policemen, prosecuting and defense counsel, and court clerk, in the exhibit room.

Robison was noticed to have old scars, but no wound was seen on his laps, contradicting his story of being stabbed.

At the conclusion of trial-within-trial, the court over ruled the objection by defence, and admitted the confessional statement as exhibit on May 23, 2016.

After a review of evidence by parties, Justice Iniabasi pointed out that there are three ways to prove a case: (a) By direct eye witness evidence, (b) By circumstantial evidence and (c) By confessional statement.

He noted that all evidence by prosecution witnesses were hearsay, as none witnessed the incident. He also agreed that the star witness, Ubokobong Sunday Okorie, who reportedly saw the commission of the crime, did not testify as the prosecution reserves the right to choice of witness(es) and had set out from the beginning to rely on confessional statement of the accused to ground a conviction.

The Judge differed with the defence on non-signing of the confessional statement by a superior police officer, saying that the requirement by the judges rule is an administrative one which cannot render the statement of the accused inadmissible.