An Ekiti State High Court sitting in Ado-Ekiti, has sentenced three men to a cumulative 97 years imprisonment for kidnapping, conspiracy, and unlawful possession of firearms, while discharging and acquitting three co-defendants for lack of evidence.
The convicts Augustine Agbogbo, 58; Adeniyi Olamilekan, 39, alias Loko; and Ademoh Gabriel, 39 were arraigned before Justice Adeniyi Familoni on August 11, 2023, alongside Ogungbemi Gbenga, 56, alias Baba Ara; Monday Rakiya, 58; and Oseni Mutairu, 25.
The six defendants faced a six-count charge bordering on conspiracy, kidnapping, armed robbery, and unlawful possession of offensive weapons.
According to the charge, the defendants conspired to rob one Ajibade Adeleke of ₦15,000 in Ayede-Ekiti on June 6, 2022. On December 20, 2022, in Itapaji-Ekiti, they allegedly robbed retired Lieutenant Commander Eisape Victoria of ₦40,000 and kidnapped both victims at gunpoint.
The prosecution also stated that on April 6, 2023, three long-barrel guns, 33 live cartridges, and 56 expended cartridges were found in their possession at Iyemero-Ekiti without a license.
The offences contravene Sections 47, 279, 280, and 312(2)(a) of the Criminal Law of Ekiti State, 2021.
Testifying before the court, retired Lieutenant Commander Eisape Victoria said she and her co-farmer, Ajibade Adeleke, were ambushed while returning from Iyemero to Itapaji around 7:00 p.m.
“We were dragged from our motorcycle at the Ale Dam bridge by three armed men who said they were kidnappers and threatened to kill us if we did not cooperate,” she told the court.
Eisape said they trekked for several hours into the bush where they were held by armed men operating in shifts. She was instructed to contact relatives to raise a ₦70 million ransom.
“We were released after my relatives paid ₦8 million, which was delivered by Chief Oloketu,” she said.
Though blindfolded, she identified the kidnappers by their voices. She later reported the incident to the police.
Prosecuting counsel Albert Adeyemi called seven witnesses and tendered the defendants’ statements, a search warrant, three guns, 33 live cartridges, a military head warmer, and expended cartridges as exhibits.
The defendants, represented by counsel Chris Omokhafe and Olakanmi Falade, testified in their own defence but called no witnesses.
Delivering judgment, Justice Familoni held that the prosecution proved the offences of conspiracy to kidnap and kidnapping against the first, second, and third defendants, and unlawful possession of dangerous weapons and firearms against the third defendant. He described their retraction of earlier confessions as “an afterthought” and rejected their defence.
“The incident of kidnapping in our communities across Nigeria appears unabated despite genuine and concerted efforts being made to curb the vice. The first, second, and third 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,” Justice Familoni said.
The court sentenced Augustine Agbogbo, Adeniyi Olamilekan, and Ademoh Gabriel to 10 years imprisonment each for conspiracy. Agbogbo and Olamilekan received an additional 15 years each on one count of kidnapping, while Agbogbo and Ademoh Gabriel received 15 years each on a second kidnapping count. Ademoh Gabriel was also sentenced to seven years for unlawful possession of firearms. All sentences are to run concurrently without an option of fine, effective from the date of arrest and remand.
The court found that the prosecution failed to prove the charges of conspiracy, kidnapping, armed robbery, and unlawful possession of dangerous weapons against the fourth, fifth, and sixth defendants Ogungbemi Gbenga, Monday Rakiya, and Oseni Mutairu beyond reasonable doubt. They were discharged and acquitted on all counts.
