A legal practitioner, Ekene Aninze, has raised constitutional concerns over comments attributed to Edo State Governor, Monday Okpebholo, regarding plans to establish a special court to try suspected cultists and kidnappers within two to three weeks.
Okpebholo had, on Thursday, June 18, during the parade of suspected kidnappers and cultists by the Edo State Police Command, said he would set up a special court to try kidnappers and cultists in the state.
The governor also vowed to sign the death warrant of any suspect found guilty, saying such convicts would be executed publicly at Ring Road in Benin City to serve as a deterrent to others.
Reacting to the statement, Aninze commended the governor’s tough stance against cultism, kidnapping and other violent crimes, describing it as a demonstration of courage and zero tolerance for criminal activities.
He, however, questioned the legal and constitutional basis for the governor’s proposed approach, saying the desire to fight crime must still operate within the limits of the Constitution.
“So yesterday, while at the Police Headquarters, Benin City, Governor Okpebolo was reported to have said that he would set up a special court to try cultists and kidnappers within two or three weeks and, if found guilty, he would have no regret in signing their warrants so that they would be executed at the Ring Road for others to learn a lesson,” Aninze wrote.
“First, I must commend the courage of Governor Okpebolo and his attitude of zero tolerance towards cultism and other related vices.
“However, while I share in the Governor’s pain and frustration over the disturbing menace of kidnapping and cultism, I am also very curious to know how Governor Okpebolo genuinely intends to carry out what he said he would do.”
Aninze said the governor does not have the power to unilaterally establish a special court for the trial of such offences outside the regular courts already created by the Constitution.
“First, I do not know if Governor Okpebolo is aware that he does not have the power to set up a Special Court for such trials, except the regular courts already established by the Constitution for that purpose,” he said.
He also argued that serious criminal offences such as kidnapping and cultism cannot be summarily tried within two or three weeks because such proceedings require detailed investigation, proper evidence gathering, cross-examination of witnesses and adequate time for the accused persons to prepare their defence.
According to him, any attempt to rush such trials may violate the constitutional right to fair hearing guaranteed under Section 36 of the 1999 Constitution.
“Secondly, I am also not sure if the Governor is aware that a suspect who has been arraigned for offences such as kidnapping and cultism cannot be summarily tried within two to three weeks.
“This is because serious criminal cases like kidnapping and cultism require meticulous investigation, proper evidence gathering, cross-examination of witnesses, and the constitutional right of the accused to legal representation and adequate time to prepare their defence. See Section 36 of the Constitution.
“Attempting to rush such proceedings into a 14-to-21-day window may severely compromise the accused person’s right to a fair hearing and ability to defend themselves.
“In fact, that alone could become a substantial ground of appeal after the trial,” he stated.
Aninze further said that even where a suspect is convicted and sentenced to death, the governor cannot immediately sign a death warrant until the convict has exhausted all constitutional rights of appeal up to the Supreme Court.
He cited Sections 240 and 243 of the Constitution, as well as the decision in Bello v. Attorney-General of Oyo State, in support of his position.
“Thirdly, I am also not sure that Governor Okpebolo knows that even if he succeeds in securing the conviction of such offenders within the stipulated time he has given, he still cannot sign a warrant that would lead to their immediate execution.
“This is because every convicted person retains the constitutional right of appeal up to the Supreme Court.
“I am not sure the Governor is aware that until a convicted criminal who has been sentenced to death exhausts all avenues of appeal up to the Supreme Court, a Governor does not possess the legal capacity to sign a death warrant,” he added.
The lawyer said he shares the governor’s frustration over insecurity and supports decisive action against kidnapping, cultism and violent crimes, but maintained that the fight against crime must be carried out according to law.
“Having said all these, I genuinely share in the zeal and determination of Governor Okpebolo on this subject matter.
“Every well-meaning Nigerian desires a society free from the scourge of kidnapping, cultism, and violent crimes.
“However, I do not see his wishes coming through under any guise because the same Constitution that empowers him as a Governor also places clear limitations on the extent of his powers regarding this subject matter,” Aninze said.
The post Lawyer Faults Okpebholo’s Plan To Try, Execute Kidnappers Within Weeks, Says Governor Lacks Power To Set Up Special Court appeared first on TheNigeriaLawyer.
