Justice Aigbona Momodu, presiding judge of the Edo State Special Criminal Court on Tuesday regretted his lack of discretion in sentencing to death by hanging or administration of lethal injection, four convicted kidnappers and cultists in the maiden judgement by the special purpose court, claiming that his hands were tied by the punishment the law prescribed.
Momodu, who expressed consolation that the convicts could appeal to higher courts, said “how I wish the law permits me to exercise my discretion.”
Newsmata.com.ng reports that the Edo State Kidnapping Prohibition (Amendment) Law, 2025, prescribes the death penalty for anyone who is directly involved in the act of kidnapping, where a life is lost. For cases where victims survive the ordeal, a convicted kidnapper faces life imprisonment. Minimum sentence for accomplices – anyone who aids, abets, conspires, or attempts kidnapping is a minimum of 21 years imprisonment.
The charges preferred against these four convicts did not, however, involve loss of lives raising questions about the death penalty being in conformity with the law.
In his pre-sentence remarks, Momodu said, “Well, my hands are tied under the law. How I wish the law permits me to exercise my discretion, I would have, but my hands are tied. I will just impose the sentence as prescribed by the law, knowing the fact that this is just one of the courts in the system. “The defendants have the right to appeal. But for now, I know my hands are tied by the provisions of the law. I will just read out what the law states that should be done in circumstances like this.”
The convicts, Marvellous Isaac, aged 32, and gang leader, Wisdom Michael, 36, Rufus Emete Michael, 30, and Gift Raphael, 27, the only female amongst them, were arraigned Friday July 17, on an 11-count charge for carrying out series of kidnapping, including the June 14, 2026, day-light abduction of one Oseghale Precious at the popular Vegetable Market, Airport Road, Benin City. They pleaded not guilty to the charges.
Meanwhile, a Senior Advocate of Nigeria (SAN) Olayiwola Afolabi, has cautioned Governor Monday Okpebholo against hurried execution of the convicts, urging him to allow them file appeals against the judgement within 90 days as required by the law.
Recall that Governor Okpebholo had during his visit to the Edo State Police headquarters when the convicts were paraded following their arrest, promised to set up a special criminal court for expedited trials of persons arrested for kidnapping and cult-related offences, and vowed to sign their death warrants if convicted, to checkmate the menace of kidnapping in the state.
He had said at the time, “Now we are going to set up a special court to try suspected kidnappers and cultists, and within two, three weeks, we are done with it, and I will sign it. The execution —hang him. I will take you to the roundabout so that the whole Edo people will see you, and this I will not have any regrets about.”
They were arrested three days after their last operation after which other victims came out to identify and testified against them.
During trial, the prosecution, led by the state Attorney-General and Commissioner for Justice, Roland Otaru, senior advocate of Nigeria, SAN, called seven witnesses while the convicts did not call any witnesses.
The defence did not also object to the exhibits tendered, especially confessional statements of the convicts. All the defendants were consequently found guilty of kidnapping.
Justice Momodu, in his over three hours judgement which came 10 weeks and four days after their arraignment, found the four persons guilty of kidnapping and convicted them accordingly.
Below is the judge’s verdict:
“Sentence: In count one, you, Marvellous Isaac, is hereby sentenced to seven years’ imprisonment. In counts two, three, four, five, six, seven, eight, nine, you, Marvellous Isaac, is hereby sentenced to death by hanging or through the administration of a lethal injection. You shall be hanged by the neck till you are dead. May the Lord have mercy on you.
“In count ten, you, Marvellous Isaac, is hereby sentenced to ten years’ imprisonment. In count eleven, you, Marvellous Isaac, is hereby sentenced to life imprisonment.
“Second defendant, in count one, you, Wisdom Michael, is hereby sentenced to seven years’ imprisonment. In counts two, three, four, five, six, seven, eight, and nine, you, Wisdom Michael, is hereby sentenced to death by hanging or through the administration of a lethal injection. You shall be hanged by the neck until you are dead. May the Lord have mercy on you.
“Third defendant, in count one, you, Rufus Emete Michael, is hereby sentenced to seven years’ imprisonment. In count two, three, four, six, and seven, you, Rufus Emete Michael, is hereby sentenced to death by hanging or through the administration of a lethal injection. You shall be hanged by the neck until you are dead. May the Lord have mercy on you.
“Fourth defendant, in count one, you, Gift Raphael, is hereby sentenced to seven years’ imprisonment. In count two, four, six, and eight, you, Gift Raphael, is hereby sentenced to death by hanging or through the administration of a lethal injection. You shall be hanged by the neck until you are dead. May the Lord have mercy on you.
“Now, Exhibit M, the JoJef pump action, and two unexpended cartridges, and the two expended cartridges, Exhibit E and E1, are hereby confiscated to the Federal Government of Nigeria. Both exhibits shall be handed over to the Edo State Armourer of the Nigerian Police, State CID, Edo State Headquarters, by the Deputy Director of the Criminal Division for destruction 30 days hence. This shall be the judgment of the courts.”
In his reaction, 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.”
Barrier Jude Okonkwo commended Justice Momodu for what he termed right judgement and good effort.
