3 suspected kidnappers of GUO Motors boss discharged, acquitted for lack of proof

ONITSHA - The protracted legal tussle between the state and three suspected kidnappers of Chairman of G.U.O Motors Limited, Chief Godwin Ubaka Okeke was yesterday brought to a logical conclusion with the discharge and acquittal of the accused persons for lack of proof by an Onitsha High Court in Anambra state.

In his three-hour judgment, the presiding Judge, Justice Alexander Okuma said the court does not rely on speculative evidence to convict a person or persons being charged with commission of criminal offences, adding that the evidences of the prosecution witnesses against the accused persons were not weighty enough to convince the court that they were guilty as charged.

Justice Okuma noted that for instance, there is no concrete evidence to prove that the first accused person, Kelechi Okafor who the kidnappers engaged to sell Okeke's vehicle for them, after they snatched it from Okeke's driver when he went to deliver the N30 million ransom to them, had the knowledge that it was a stolen vehicle before he took it to Lagos where the intending buyers on seeing the vehicle particulars, discovered that it belonged to Okeke who they said they read in newspapers that he was recently kidnapped and as a result, refused to buy his vehicle.     

In the case of the second defendant, Anthony Ifeanyi Okafor, Justice Okuma contended that there was a contradicting evidences against him by the prosecution witnesses that he was among the gang that kidnapped Okeke, adding that it appeared to the court that the prosecution mistook him for one Chukwudi Agu (a.k.a. Small Black) who later jumped bail after confessing to the police at the state headquarters of Special Anti-Robbery Squad, SARS, Awkuzu, that he was one of the gang members.

Also in the case of the third defendant, Alexander Onyinanya, the court said his involvement could not be proved beyond all reasonable doubts because even though the victim, Okeke identified him as one of the kidnappers who wore facial masks throughout his encounter with them at their hideout, as well as a vigilante operatives who worked at his house in his home town at Adazi-Ani before he discovered that he had a queer character and requested that he should be posted out of his house, Okeke at no time mentioned his name to the police in his statement after the kidnappers released him, rather Okeke only confided in Chinenye Ihenko (a.k.a. Okpompi), chairman of Anambra North Vigilante Services that he had the suspicion that Onyinanya was the kidnapper who wore masks. 

Justice Okuma therefore insisted that since the prosecution could not prove their allegation against the defendants beyond all reasonable doubts, as required by law, as far as the kidnap incident was concerned, the court has no other option than to discharge and acquit them for lack of enough evidence.

He however commended the prosecution counsel, Chris Ajugwe, counsel for the first, second and third defendants, Oliver Oduma, Uchenna Nwafor and Jideofor Okongwu for their resilience and comportment in handling the matter throughout the trial period.

While the defence counsels commended the court for what they termed as its bold and wise decision, the prosecution counsel said he would report the court's decision to the office of the state Attorney-General and Commissioner for Justice which gave him the fiat to prosecute the case for the state, so that the office would decide whether to go on an appeal against the judgement or not

Ajugwe added that in as much as he was disappointed with the judgement and also disappointed that the judiciary allowed the three key principal suspects, Emeka Eze, Ndubuisi Ogbuji and Chukwudi Agu who had already confessed to the police that they were the leaders of the gang that kidnapped Okeke, to jump bail and escape the trial.

Okeke, in his own statement to newsmen, shortly after the judgement, said he was disappointed with the outcome of the case, adding that he had now seen the reason that scared many kidnap and robbery victims from even attempting to report the suspects to the police, let alone prosecuting them in court at the risk of their own lives.

Okeke however noted that he was still happy that it was since after his efforts in arresting the kidnappers, recovering their weapons and prosecuting them that bank robberies, kidnapping and other heinous crimes stopped in Anambra state because all the deadly gangsters were rounded up, while others who could not be caught up with long arms of the law,  fled from the state and gave Anambra people a breathing space.  

Okeke had been abducted by gunmen suspected to be ransom kidnappers on Sunday, August 23, 2009 within the premise of All Saints Anglican Church Cathedral, Onitsha shortly after a church service and was taken to a hideout where a ransom of about N30 million was paid by his family before he was let off hook the next day.

After he regained his freedom, he made statement to the police which led to the arrest of about 11 suspects, including the three accused persons that had just been discharged and acquitted, but most of them, including those that allegedly made confessional statements to the police, found a way to secure their bail from the courts, jumped the bail shortly after and were no where to be found to face trial with the three others.