Ekiti Court jails 3 for 97 years, frees 3 others

 

From Kayemo News

 

 

An Ekiti State High Court, Ado Ekiti Division has sentenced 3 persons to 97 calendar years imprisonment without options of fine.

The defendants, Augustine Agbogbo (58), Adeniyi Olamilekan aka Loko (39), Ademoh Gabriel (39), Ogungbemi Gbenga aka baba ara (56), Monday Rakiya (58) and Oseni Mutairu (25) were arraigned before Justice Adeniyi Familoni on 11th August, 2023 on six count charge bordering on Conspiracy, Kidnapping, Armed Robbery and unlawful possession of offensive weapons among others.

The charge reads that, the defendants on 6/6/2022 at Ayede Ekiti did conspire to rob one Ajibade Adeleke of the sum of #15,000, on 20/12/22 at Itapaji Ekiti, did rob one Lt. Cdr. Eisape Victoria of a sum of #40,000 and on same date, time and place, did kidnap the victim. Also, on same date, time and place did kidnap Ajibade Adeleke, as at the time of the operations, they were armed with guns and cutlasses.

On 6th April, 2023 at Iyemero Ekiti did found in their possession, 3 long barrel guns, 33 live cartridges and 56 expended cartridges without license.

The offences were contrary to Sections 47, 279, 280, and 312(2)(a) of the Criminal Laws of Ekiti State, 2021.

In her testimony before the court, one of the victims, Rtd. Lt. Cdr. Eisape Victoria said, I was a retired Naval officer, after retirement, I settled for farming at Iyemero Ekiti and partially residing at Itapaji Ekiti.
On the fateful day, I was returning from Iyemero to Itapaji with Ajibade Adeleke, my co-farmer on motorcycle, when we got to Ale Dam bridge around 7:00 pm, we saw three armed men, one of them flashed our eyes with touch light, we were dragged down from the motorcycle, I tried to confront them as a retired military officer, they told us, they were kidnappers and they would kill us if we fail to cooperate.

We were dragged to the bush where we trecked for several hours. After some days, I was told to call my relatives to pay a sum of #70m ransom before we could be released. Among those I called were, my husband Eisape Adeniyi, Chief Oloketu, Rtd. Brigadier Akomolafe among others.

We were released after my relatives paid #8m ransom which was brought by Chief Oloketu.

Though, I was blindfolded but I peeped and recognized them through their voices.
At their camp, we were surrounded by armed men who came to the bush on shifting.

After our release, I went and reported the incident officially at the Police station, she concluded.

To prove his case, the prosecutor, Albert Adeyemi called seven witnesses and tendered statements of the defendants, search warrant, 3 guns, 33 live cartridges, one Military head warmer and expended cartridges as exhibits.
The defendants spoke in their own defense through their counsels, Chris Omokhafe and Olakanmi Falade, they called no witness.

Delivering his judgement, Justice Familoni said, ” I find Augustine Agbogbo, Adeniyi Olamilekan and Ademoh Gabriel’s retraction of their confessions to conspiracy, and kidnapping of Rtd. Lt. Cdr. Eisape Victoria and Ajibade Adeleke an afterthought”. I therefore, reject their testimonies in defense to the charges.

It is my findings that the prosecution proved the offences of conspiracy to kidnap and kidnapping against the 1st, 2nd and 3rd defendants and the offence of unlawful possession of dangerous weapons and firearms against the 3rd defendant.

They are therefore convicted on the counts accordingly.

However, the prosecution failed to prove alleged offence of conspiracy, kidnapping, armed robbery and unlawful possession of dangerous weapons against the 4th, 5th and 6th defendants Ogungbemi Gbenga, Monday Rakiya and Oseni Mutairu beyond reasonable doubt, they are therefore discharged and acquitted on all counts in the charges.

The incident of kidnapping in our communities across Nigeria appears unabated despite genuine and concerted efforts being made to curb the vice. The 1st, 2nd and 3rd defendants committed these heinous crimes and cannot escape the dire consequences. They deserve stiff penalties for their misdeeds.
Their punishment should serve as a deterrent to others with such inclination and tendencies.

Consequently, on count 1(Conspiracy) Augustine Agbogbo, Adeniyi Olamilekan and Ademoh Gabriel are sentenced to ten calendar years imprisonment each, on count 2, 1st and 2nd defendants are sentenced to fifteen calendar years imprisonment each, on count 4, the 1st and 3rd defendants are each sentenced to fifteen calendar years imprisonment and on count 6, the 3rd defendant is sentenced to seven calendar years imprisonment.

All the sentences are without options of fine and to run concurrently, with effect from the date the 1st, 2nd and 3rd defendants were arrested and remanded in custody, the judge pronounced.

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