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 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 defense 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
had not been seen.
In court, Robison because 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 threatened into signing additional
confessional statement at state police headquarters after being tortured and a
machete. He presented alleged machete cut injuries. He said he was stabbed on
the laps with daggers.
Defense 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 defense, and admitted the confessional statement as
Exhibit on May 23, 2016.
After 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 defense 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.
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