As the hearing date of the trial of convicted kidnap kingpin, Chukwudumeme Onwuamadike, popularly known as Evans, draws near, it is imperative to interrogate the propriety of plea bargain in the Nigerian criminal justice system. Evans and his co-defendants, Victor Aduba and Linus Opara, are standing trial before Justice Sherifat Sonaike of the Lagos State High Court on a five-count charge bordering on conspiracy, kidnapping and attempted murder preferred against them by the Lagos government.
In May 2024, the prosecution revealed that Evans and Victor Aduba had applied to the state Attorney-General and Commissioner of Justice, Lawal Pedro (AG) for a plea bargain.
However, Aduba’s lawyer, Mary Ibezue, at the last court proceedings held in December, stated that she had submitted a letter to the office of the AG seeking withdrawal of the joint plea bargain application, having been debriefed by Evans. She further disclosed that a fresh application had been tendered exclusively for her client. Reacting, the prosecuting counsel, M.F. Salau, confirmed that the AG was considering the plea bargain terms.
Undeniably, a plea bargain is a valuable negotiation tool that can effectively save time and resources in criminal adjudications. It could be a win-win for both the prosecution and the defence if deployed strictly in the overriding interest of the public. Conversely, there are valid concerns that plea bargains can weaken the deterrent effect of criminal sanctions, as defendants may not fear the consequences of their actions if they believe they can negotiate a plea deal.
Further, there is a convergence of opinions that plea bargains should never be an option in vicious criminal matters such as terrorism, banditry, armed robbery, kidnapping and murder. Consequently, the government of Lagos State will be setting a dangerous precedent if it grants the plea bargain request sought by the defence in the case under discourse.
Worthy of mention is the fact that the 1st Defendant, Evans, has been convicted twice over similar charges. In February 2022, an Ikeja High Court Judge, Hakeem Oshodi, sentenced Evans to life imprisonment for kidnapping and conspiracy. In the ruling, the trial judge stated that: “He showed no remorse in the dock and tried to lie his way out of the crimes despite the video evidence”.
Similarly, in September 2022, another judge of the High Court, Oluwatoyin Taiwo (now retired), sentenced him to 21 years imprisonment for kidnapping. These decisions, unless upturned by the appellate courts, establish that Evans is a serial kidnapper.
While Evans’s previous convictions do not necessarily make him and his co-accused guilty of the current charge, the course of justice will be served if the accused persons are subjected to the due process of the law devoid of sentiments.
Given the gravity of the allegations against them, they must be made to undergo the full rigour of trial without any consideration for amicable resolution. Justice is a three-way traffic. Accordingly, the rights and interests of the nominal complainant (victim) and the members of the society are equally paramount.
Indeed, it is disturbing that the initial plea bargain request stayed on the AG’s desk for several months without any apparent response until it was withdrawn. Why the delay from the AG? Why maintain silence over an outrageous application seeking a soft landing for an accused person charged with a heinous crime? If anything, that application should have been thrown out the same day it was presented. Now that another application for a plea bargain has been filed, Nigerians anxiously await its outcome, even as they demand justice for the kidnap victims.
Historically, transactional kidnapping activities started in the Niger Delta region shortly after Nigeria transitioned to the extant civilian administration. The victims of such abductions were mainly employees of the oil and gas companies situated within that region. As time progressed, isolated kidnapping incidents were recorded in other parts of the country, accompanied by ransom demands.
However, the narrative took a deadly twist when Evans’ case broke in 2017. He opened the eyes of other criminal elements to the humongous financial benefits inherent in the crime of kidnapping, as he reportedly collected as much as $1 million in some operations.
The Nigeria Police Force described him as “one of the richest criminals in the kidnapping activities in Nigeria.” Some mainstream media dubbed him “the billionaire kidnapper” while saturating the public domain with images of his luxurious automobile and real assets.
Kidnapping is a debilitating security menace that must be condemned in all ramifications. Kidnappers are merciless; hence deserve no mercy. Some people were forced to sell their valuable possessions to raise money for negotiated ransom. Also, instances where victims were killed even after paying ransom abound. The emotional and psychological trauma caused to surviving victims and the relatives of the deceased ones is profound. Accordingly, any strategy devised by the government to give suspected or convicted kidnappers a soft landing is distasteful and unacceptable.
As a security expert puts it, kidnapping constitutes “both state and human security questions. As a state security problem, it tarnishes the image of a country and makes it unattractive to foreign investors and tourists. As a human security problem, it traumatises the larger population as their physical safety, social and economic wellbeing are endangered. Hence, it is the responsibility of every state to ensure that the problem is not allowed to fester for too long.”
It remains the primary responsibility of the governments at all levels to secure the lives and property of the citizens. The reality is that they are collectively failing in this regard. At the moment, every person residing in Nigeria is a potential victim of kidnapping. Worse still, there is no haven as people are being abducted from their homes, offices, and even places of worship. Needless to say, the prevailing spate of kidnapping would worsen if kidnappers were allowed to enjoy plea bargain deals. More importantly, where is the justice for the victims of kidnappers if their captors are treated with kid gloves?
For a country that is being ravaged by diverse large-scale internal security challenges, the Nigerian government needs to demonstrate greater seriousness in tackling insecurity and hardened criminals. There are few records in the public space of Boko Haram terrorists who have been tried, convicted, and sentenced in the country. Instead, most of them are pardoned, rehabilitated, and reintegrated into the same society on which they wreaked untold havoc. This soft counter-crime tactic should be quickly jettisoned so Nigeria can be relatively safe again. As a matter of duty, the government must enforce the necessary measures to confront violent crimes frontally and strictly.
•Editorial By Guardian Newspaper
