A legal practitioner, Ekene Aninze, has raised concerns over comments attributed to Edo State Governor, Monday Okpebholo, regarding plans to establish a special court to try suspected cultists and kidnappers within a short timeframe.

Okpebholo, on Thursday, June 18, during the parade of suspected kidnappers and cultists by the Edo State Police Command, said he will set up a special court to try kidnappers and cultists in the state.

He also vowed to sign the death warrant for the execution of any suspect found guilty by hanging.

Reacting, 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 wrote, “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 2 or 3 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.

“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.

“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 continued, “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 2 to 3 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 further said, “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. (See Sections 240 and 243 of the Constitution).

“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. ( See Bello v Attorney General of Oyo State).

“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.” (The Nation)

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