More than 12 years after, two kidnappers of renowned constitutional lawyer and senior advocate of Nigeria, (SAN) Mike Ozekhome, have bagged 20 years jail sentence each. Six security operatives were also killed during the August 23, 2013, abduction saga.
The sentence was handed down to the convicts – Kelvin Ezeiegbe and Frank Azuekor – on Friday by Justice Binta Nyako of the Federal High Court, Abuja, the Federal Capital Territory. The victim paid N40 million ransom to the convicts for his freedom. They were found guilty of kidnapping, terrorism and murder.
Newsmata.com.ng reports that Ozekhome was kidnapped with his driver at Ehor on the Benin-Auchi highway in Edo State in the course of which four police officers who responded to the abduction were ambushed and killed by the duo.
The judge however discharged and acquitted two of the suspects, Michael Omonigho and Haruna Momoh, who were the third and fourth defendants, respectively.
Justice Nyako said the prosecution failed to substantiate allegations of conspiracy and kidnapping against Messrs Omonigho and Momoh.
Momoh had escaped from prison at Kuje in Abuja during last year’s jailbreak that led to the escape of several inmates.
Handing down the sentence on Friday, Justice Nyako ordered security agencies to arrest Momoh and put him on trial for escaping from lawful custody.
The convicts, arrested September 25, 2013, were first arraigned June 2014 before Justice Adeniyi Ademola of the Federal High Court in Abuja on 13-count charge. The case went through two other judges before it was finally concluded on Friday by Justice Nyako.
Ezeiegbe and Azuekor were tried for conspiracy to commit terrorist act, kidnapping of persons, inciting persons to commit act terrorism recruitment and abetting escape, offences said to be punishable under Section 17 of Terrorism Prevention Act amongst other counts.
Reviewing the prosecution’s evidence, the judge said Mr Ozekhome’s “testimony was central to the prosecution’s evidence.”
The prosecution led by Chioma Onuegbu, a lawyer at the Federal Ministry of Justice in Abuja, called seven witnesses and tendered 16 exhibits in aid of its case.
Ozekhome, who was the sixth prosecution witness, had told the court that he was kidnapped by Messrs Ezeiegbe and Azuekor as well as other members of their kidnap ring.
He said he paid a N40 million ransom to the convicts before he was released from their dungeon after three weeks.
Justice Nyako noted that, “Mike Ozekhome is a Senior Advocate of Nigeria and swore with the Holy Bible while giving his testimony”. She described him as a witness of truth whose testimony could not be ignored.
In convicting Ezeiegbe and Azuekor, the judge also relied on a letter from the Delta State Attorney-General to the Attorney-General of the Federation which said Azuekor was indicted for a crime in the state prior to his arrest for kidnapping Ozekhome.
She noted 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),” the judge said of Mr Ezeiegbe and his gang members’ killing of two prison officials who were escorting Mr Azuekor to court in Delta State for another criminal trial.
While Azuekor was being ferried to court for trial in Delta State, Ezeiegbe and his armed gang members ambushed a prison vehicle, killing two personnel in the process before setting 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,” the judge said.
“We need to send right messages to society that it is not acceptable to do bad behaviour,” Justice Nyako said.
“The convicts are hereby sentenced to 20 years’ imprisonment each. Their prison term will run from the date of their arrest,” the judge said.
The judge ordered the Department of State Services (DSS) who had held the convicts for 10 years to transfer them to a correctional centre.