Edo Special Criminal Court: 74 Days, from Arraignment to Judgement - THISDAYLIVE

A wind of change is blowing through criminal justice delivery, in Edo State. Governor Monday Okpebholo met a troubling situation on ground which persisted – kidnappers and cultists operating freely and largely unrestrained. Determined to reverse the tide, he galvanised the State House of Assembly to enact a law establishing the Edo State Special Criminal Court. In its first case, Hon. Justice Aigbona Momodu convicted four suspects, sentencing them to death, and one additionally to life imprisonment. Remarkably, the entire process – from arraignment through trial to judgement – was concluded in 74 days. This development has drawn widespread commendation from residents of the State, many of whom had previously resigned themselves to the reign of kidnappers and cultists. The Edo State Attorney-General and Commissioner for Justice, Prof Rowland Otaru, SAN; Monday Eboigbe and Mack Ogbamosa, discuss the positive impact this case has brought to criminal justice delivery in Edo State

I  personally prosecuted the case before the Edo State     Special Criminal Court in Benin City, Edo State. The Defendants were Marvellous Isaac, Wisdom Michael, Rufus Emete Michael and Gift Raphael. Their pleas were taken on 17th July, 2026. Judgement was delivered on Tuesday, 29th September, 2026 by Hon. Justice Aigbona Momodu.

It was the case of the prosecution that on 14th June, 2026, in broad daylight, armed men arrived at the Vegetable Market along Airport Road, Benin City, Edo State, in a red Lexus RX 350 SUV (Jeep). They seized a woman in the presence of her husband and children, and carried her away by force. The abduction was recorded by private CCTV cameras, and the footage became a central part of the prosecution’s case.

1.Marvellous Isaac, aged 32 (1st Defendant)

2.Wisdom Michael, aged 36 (2nd Defendant)

3.Rufus Emete Michael, aged 30 (3rd Defendant)

The Edo State Special Criminal Court came into being on 1st July 2026, during the administration of Governor Monday Okpebholo. It is a specially constituted court, set up for the sole purpose of prosecuting kidnapping and cultism-related offences, and expediting the trial of violent crime in the State.

The Defendants were arraigned, and their plea was taken on 17th July, 2026, 16 days after the Court was established. The charge was read and explained to each Defendant, and each of them pleaded not guilty to all counts. By those pleas, the Defendants put the prosecution to the strict proof of every element of every count, and the matter proceeded to full trial.

Pleas were taken on 17th July, 2026, and judgement was delivered on 29th September, 2026. The prosecution of the Defendants, from the day of plea to the day of judgment, therefore lasted:

• In weeks: ten (10) weeks and four (4) days, or about 10.6 weeks; and

The count excludes the day of plea itself.

The Defendants were tried on an eleven (11) count charge. In substance, the charge covered:

In addition, the 1st Defendant, Marvellous Isaac, was convicted of membership of the Eiye Confraternity, an unlawful cult group.

In view of the pleas of not guilty entered by all four Defendants to all eleven counts, the burden lay on the prosecution to prove its case beyond reasonable doubt.

The prosecution called seven (7) witnesses. Through them, it tendered the following exhibits:

1. The red Lexus RX 350 SUV (Jeep) used in the commission of the kidnapping;

2. A JoJef pump-action firearm (Exhibit M);

3. Two (2) un-expended and two (2) expended cartridges (Exhibits E and E1);

4. Cash recovered in the course of investigation; and

5. Private CCTV footage capturing the abduction at the Vegetable Market.

6. Confessional statements of the Defendants, video recorded.

The prosecution relied on the oral evidence of its witnesses, the vehicle, the firearm and ammunition, the cash and the CCTV footage. By these, it sought to establish the identity of the Defendants, their participation in the abduction, and the use of arms and a vehicle in carrying it out.

Having pleaded not guilty, the Defendants testified in their own defence. Each gave evidence on his own behalf, and no other witness was called for the defence. Having considered the evidence led by both sides and the submissions of Counsel, the Court found each Defendant guilty on the counts on which he was sentenced.

On Tuesday, 29th September, 2026, Hon. Justice Aigbona Momodu delivered judgement. It was the maiden judgement of the Edo State Special Criminal Court. The pleas of not guilty notwithstanding, the learned trial Judge found the prosecution had proved its case, and convicted the Defendants as follows.

• Count 1: seven (7) years’ imprisonment.

• Counts 2, 3, 4, 5, 6, 7, 8 and 9: death by hanging or by lethal injection.

• Count 10: ten (10) years’ imprisonment.

• Count 1: seven (7) years’ imprisonment.

• Counts 2, 3, 4, 5, 6, 7, 8 and 9: death by hanging or by lethal injection.

• Count 1: seven (7) years’ imprisonment.

• Counts 2, 3, 4, 6 and 7: death by hanging or by lethal injection.

• Count 1: seven (7) years’ imprisonment.

• Counts 2, 4, 6 and 8: death by hanging or by lethal injection.

In pronouncing each capital sentence, the Court directed that the Defendant “shall be hanged by the neck till you are dead”, and concluded with the words, “May the Lord have mercy on you”.

The Court ordered that the JoJef pump-action firearm (Exhibit M) and the expended and un-expended cartridges (Exhibits E and E1) be confiscated to the Federal Government of Nigeria. The Deputy Director of the Criminal Division was to hand them over to the Edo State Armourer of the Nigeria Police Force, State CID, Edo State Headquarters, for destruction within thirty (30) days of the judgement.

The trial of the four Defendants for the kidnapping of 14th June, 2026 at the Vegetable Market, Airport Road, Benin City, ran for 74 days (approximately 2.4 months), from the taking of plea on 17th July, 2026 to judgement on 29th September 2026. All four Defendants pleaded not guilty to all counts. The prosecution called seven (7) witnesses and tendered, among other exhibits, the red Lexus jeep used in the offence, the pump-action firearm, the cartridges, cash and CCTV footage. The Defendants testified only for themselves and called no other witness.

The Court convicted all four Defendants and imposed capital sentences on each, with an additional sentence of life imprisonment on the 1st Defendant. It ordered the firearm and cartridges to be confiscated and destroyed. In doing so, the Special Criminal Court, constituted specifically to try kidnapping and cultism cases, delivered its first judgement since its establishment on 1st July 2026.

The establishment of a Special Criminal Court for the speedy trial of kidnapping and cultism cases in Edo State, marks an important development in criminal justice administration. Beyond the recent convictions and sentences, the real significance lies in demonstrating that serious criminal cases can be determined without unnecessary delays.

For years, prolonged trials have weakened public confidence in the justice system, leaving victims waiting for justice, and Defendants facing prolonged uncertainty. Edo State’s new legal framework and the establishment of the Special Court, offer an opportunity to address this challenge.

 The court’s early judgements suggest that, with appropriate institutional support, effective case management and diligent prosecution, criminal cases can be concluded within a reasonable time. This is an encouraging development, in the fight against kidnapping and cultism.

However, speedy justice must never become rushed justice. Every Defendant is entitled to a fair hearing, adequate legal representation, and the opportunity to challenge the evidence against them. The Judiciary must remain independent, ensuring that every judgement is based on evidence and the law.

The Government must also sustain this progress by equipping investigative agencies, supporting prosecutors and providing the court with the resources required to function effectively. Reliable data on trial duration, convictions, appeals and kidnapping incidents will help establish whether the new approach is producing lasting results.

Edo State’s experience sends an important message: strong laws are most effective when supported by efficient institutions, and a Judiciary that delivers timely and fair justice. The ultimate test is not merely how quickly offenders are convicted, but whether the process protects the innocent, serves victims and improves public security.

Monday O. Eboigbe, Legal Practitioner, Edo State

There is no doubt that before 2026, there have been rising cases of insecurity in Edo State. Between January, 2024 and August 2025, it was reported that the State recorded 237 violent incidents resulting in 212 deaths. A  widespread kidnapping network operated  in the State,  using rented properties with complicit landlords to hide victims and arrange demands for ransoms. Both cultism and kidnapping were found to be interlinked in criminal enterprise, as cult structures were found to be primary breeding ground for kidnapping, armed robbery and other violent activities in the State.

It was against this background, the State Government not only  enacted new laws to take care of the situation, but also created a Special Criminal Court 1 to try cases arising from these activities. These new laws are the Secret Cult and Similar Activities (Prohibition) Law 2025 and Kidnapping Prohibition (Amendment) Law 2025.

Unlike the old laws, the new laws make provisions for penalties, not only against  the cultists and kidnappers, but also their funders and the owners of properties used for these activities. They also make provision for mandatory death sentence, for those found guilty of perpetrating violence leading to the killing of their victims, as well as immediate forfeiture and demolition of properties found to be used as hideouts for these nefarious activities.

Creating a landmark in the Judiciary history of prosecution in Nigeria, the newly established Special Criminal Court concluded the trial of four suspects, who were found to have committed the crime of kidnapping at the Vegetable Market on Airport Road in Benin, to death by hanging within a period of two months. The Judge, Hon. Justice Aigbona Momodu, on September 29, 2026, sentenced the three men and a woman to death by hanging. They were said to have committed the crime on June 14. They were arrested on June 18, arraigned in July, and verdict was delivered on September 29. This has become a landmark judgement not only in terms of the  penalties, but also the speed with which the trial was conducted.

There were  mixed reactions to the trial. These reactions have hinged on not only the speedy nature of the trial, but also the right to fair hearing.

While most of the reactions commended the speedy  trial of the convicts, others have raised reservations about the constitutionality of the trial. There are concerns as to whether the speedy trial met constitutional and statutory requirements on fair hearing. Some have argued that the period between the arraignment and delivering of judgement was too short to have enabled the prosecution gather enough evidence to prove their guilt beyond reasonable doubt.

There is also  the question of whether the Governor of Edo State, Mr Monday Okpkebholo, who has recently vowed to sign the convicts death warrants if they did  not appeal within 30 days  is legally  on the right track or not, given the fact that Section 24(2)(b) of the Court of Appeal Act (Cap C36, Laws of the Federation of Nigeria stipulates that an appeal against a final decision in both civil and criminal matters must be filed within three months (civil) or 90 days (criminal) from the date of decision of the court.

Given the fact that we are operating a Federal Constitution, the constitutional provisions on fair hearing  must be seen to to be observed.

It is also clear that as a Federal State, the right to appeal within 90 days as provided in the Court of Appeal Act overrides any other State law, and acts as a safety valve for the convicts.

It is therefore clear that, while the Special Criminal Court operates under accelerated State rules, it cannot override the Federal Court system.

Therefore, despite the Governor making statement on signing the warrants of execution, no such execution can take place when there is a pending  appeal on the matter or when the 90 day period of appeal is yet to lapse.

However, it must be noted that the speedy trial of this case, has brought a high level of debate about the effectiveness and efficiency to our judicial system. To this writer, there is a lot to gain from this system. They include:-

Many Nigerians do not bother to report crimes because they do not believe in our justice system, owing to  delays in prosecution of  suspects. Speedy trials of this nature, will help to re-establish public confidence in the Judiciary.

The high number of awaiting trial cases in the country, demands the need to have special courts to accelerate the rate of trials, and prevent avoidable situations where awaiting trial inmates go through many challenges including death,  in our detention facilities.

Our courts are general purpose courts, where Judges are overloaded and overburdened with cases. The system being implemented in Edo State, will certainly have the positive effect of decongesting our courts.

Prior to this period, serious cases of cultism and kidnapping which were not given priority attention, gave suspects enough time to have their cases buried. This can no longer happen.

Speedy trial will reduce incidences of missing  Investigating  Police Officers (IPOs), who  usually had to be transferred to other States, while the matter they  are handling in one State is yet to be decided.

Speedy trial will help to avoid criminal impunity of cultists, kidnappers, as well as their funders. Delay in trials, allows criminal syndicates to resort to destruction of evidence, compromise witnesses, secure their bails, escape before trial judgement, and even escape from detention.

There have been cases where delayed trials have caused witnesses to lose memory of events, thereby distorting the trend of prosecution of such cases. This will be eliminated, or reduced under this dispensation.

Speedy trials will restore investors’ confidence to Edo State, thereby protecting and boosting economic development of the State.

It is obvious to many Nigerians that, insecurity has become our major challenge in the country. In the case of Edo State, the rate of cultism and kidnapping had reached an alarming proportion and therefore, needed a drastic solution. But, given the fact that our judicial system which should have been useful in the sanitisation of the system  had  failed us, especially because of delays in the prosecution of criminal matters, the State Government had to find a way out. Therefore, the coming of the Special Criminal Court to accelerate trials is a welcome development.

The advantages of a speedy trial as stated above, far outweigh the disadvantages, and therefore, it is necessary we embrace it, as justice delayed is justice denied.

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