4 Get Life Imprisonment for Botched Kidnapping Attempt

By Martins Abochol

Justice Joel Agya, Presiding Judge of Court No 1. Sitting in Jalingo on Friday sentenced four Kidnapping suspects to life imprisonment for attempted Kidnapping.

Delivering Judgement in case TRSJ/75C/2021 Agya said that the Section 4 and 5 of the Taraba State Kidnapping and Abduction Prohibition Law of 2019 as amended was stringent on offenders of such criminality.

The prosecution counsel earlier presented six witness in their effort to prove their case beyond reasonable doubt inline with section 97 (1) Law of Taraba State 1997 regarding Kidnapping and abduction offence

He said that the the First Defendant was also sentenced to 12 months without an option of fine on the charge of Criminal Conspiracy, whereas the second, third and fourth defendants were sentenced to life imprisonment as they were discharged of Criminal Conspiracy and Kidnapping and abduction charges.

The judge recalled that the Criminal case of Criminal Conspiracy, Kidnapping and abduction and attempted Kidnapping were charged to court in November 2021 by the State government.

He listed the defendants to includes’ Prosper Paul, Samuel David, Nosiu Buba and Samuel Kelvin who were first, second, third and fourth defendants respectively.

Agya said in the determination of the suit, said that the prosecution counsel earlier presented six witness in their effort to prove their case beyond reasonable doubt inline with section 97 (1) Law of Taraba State 1997 regarding Kidnapping and abduction offence.

The family of Fyafyatirmam paid N4 millon to secure her purported Kidnapping

He said that the prosecution counsel were able to establish circumstances surrounding the allegation of Kidnapping and negotiation of ransom by the accused as it was reported in the case between Sunday against the state 2009, Amalà against the state 2009 and Abubakar against Federal government 2019.

He added that though the victims were not forcefully taken away by first defendant but his effort to get the ransom amounted to attempted Kidnapping and abduction.

He however, said that the Defence Counsel on the other hand asked the court to discharge and aquited the accused due to the failure of the prosecution counsel to prove the cases of criminal conspiracy and Kidnapping and abduction beyond reasonable doubt.

The counsel insisted that the victims were not forceful taken away by the accused as the victims were not taken away without their consent as well as not unlawfully taken away by the first defendant

He said that the defense counsel dwelled their argument on Section 136 of the Evidence Act 2022 stating that there must exist a direct eye witness and confessional statement from all the witnesses in the determination of such suit.

He quoted the counsel also saying that the police must properly investigate such cases especially cases which bordered on Capital Punishment, in which the police had failed to carry out proper investigation on the matter.

Agya said that the counsel insisted that the victims were not forceful taken away by the accused as the victims were not taken away without their consent as well as not unlawfully taken away by the first defendant.

It was deduced through cross examination that the first defendant connived with PW1 and PW2 using their phones to negotiate ransom

The chief judge recalled the testimonies by  the victims who served as PW1 and PW2, Miss Fyafyatirmam Andeteran and Miss Brenda Anthony respectively saying they were not forceful taken away by first defendant.

Agya said that it was deduced through cross examination that the first defendant connived with PW1 and PW2 using their phones to negotiate ransom.

“The family of Fyafyatirmam paid N4 millon to secure her purported Kidnapping.

“In the case of Brenda, the same first defendant demanded for N10 million until the police tracked him using Call Data Record (CDR).

” There testimonies indicate that in the case of Brenda, the two of them arrived Jaudi Hotel in Nukka, Jalingo where they lodged for four days while negotiating ransom until they police tracked and arrested the two.

” The second, third and fourth defendants were recruited by first defendant to negotiate ransom accordingly.

“Section 5 of Principal Law punishes abatement. In their own case, second, third and fourth defendants aided and abated the commission of the crime as in the case between Odeh and the Federal government 2005,” he said.

Justice Agya further said that both Fyafyatirmam and Brenda were culpable in the crime, saying that they should count themselves lucky for not being arraigned alongside their boyfriend before the court.

According to him, it has now become a trend that ladies can connive with their boy friends to extort million of naira from parents.

Mr Mahanan Luka, of the Legal Aid Council and counsel to first defendant earlier pleaded for mercy for his client for being a repentant criminal and even leading one of the chaplaincy groups in the Correctional Centre.

He however, said that he would study the judgment before deciding on the next line of action.

Mr Dahiru Modibbo, Counsel to second, third and fourth defendants also said he would study the judgment before any further decision.

Mr Mustapha Adam Esq, Deputy Director Citizen’s Rights, Ministry of Justice commended the judge for passing a land mark judgement. (NAN)

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