By Victor Ahiuma-Young
As 43-year-old Raphael Udeh, an indigene of  Lokpanta,  in Umunneochi Local Government Area of Abia State, left Europe in 2001, after spending 12 years  for Nigeria, with the intention of establishing a company and help in solving unemployment problem in the country, little did he know that he was doing that at his peril.

Unfortunately for the father of three, nine years after his return to the country, he is currently at the Enugu state prisons, awaiting the hangman. Reason? He was alleged to have been involved, along side 11 others in a case of murder, riot and arson in Abia state, where several persons allegedly lost their lives and their bodies said to be missing till date.

There is, however , a twist in the matter as his family members are suspecting a foul play and calling on President Goodluck Jonathan, the Chief Judge of the Federation as well as the Inspector General of Police to come to the rescue of their bread winner, alleging that his sentence was  politically motivated.

The genesis of Raphael’s sojourn to prisons, according to his brother, Emmanuel Ugochukwu Udeh, began in 2007, when the former came for his late cousin’s burial in the village, during which a riot unconnected to the Udehs’ broke out in the community.

Raphael Udeh... awaiting the hangman’s noose?

Some persons, including traditional chiefs, were reportedly arrested and in Raphael’s bid to effect their release, he was thrown into the cell for alleged involvement, to the consternation of his immediate and extended families.

To further portray their claim of their brother’s innocence, a  petition to the then Inspector General of Police, Mr Mike Okiro, who ordered for a revisit into the investigation, reportedly exonerated Raphael Udeh and 11 others arrested. He directed the Abia state Commissioner of Police to  immediately release them.

Eight  persons were however  indicted by the investigation and directed to be charged to court for the offence of  kidnapping, rioting and arson.

The directive contained in a three- page letter and signed by Columbus Okaro, a Commissioner of Police(CP), Legal /Prosecution section of ‘D department of the Force Criminal Investigation Department, Abuja ’, made available to Saturday Vanguard, read in part: “ You will recall that the Deputy Inspector-General of Police ordered for a re-investigation of the above mentioned case by detectives from Force Criminal Investigation Department led by CSP George Chuku. After a careful study of the case , the Deputy Inspector General of Police ‘D’ has directed that you do the following:

Release the following suspects who have been found to be unconnected with the matter on bail , they include:
Sunday Okorie, Egwuonu Friday, Joseph Okorie, HRH Eze Patrick Agu, Mrs Ifeoma Eze Egwin, Theophilus Ama, HRH  Eze James Egwu, HRH Eze Thomas Obiekwe , Chief Ihomaya Elvis, Raphael Udeh, Izuchukwu Okorie, Comfort Ndukwe.

While the following suspects should be charged to court for the following offences thus: Kidnapping, section 364 CC, rioting, section 71 CC and Arson, section 443CC.

They include: Amaefule David , Ifeanyi Igwe , Osondu Diribe, Michael Nwafor, Mrs Nweke Cordelia, Richard Nweke, Felicia Ohalezim and Jerome Nwankwo.

You are further requested to continue with the investigation and inform the Deputy Inspector General of Police ‘D’ Abuja, for further development”.

But in what spokesman for the Udeh’s family, Nwachukwu, described as an arrant disregard for higher authority and bluff by the Abia state Police command, he stated: “ The Abia State Police Command ignored the report and directives of the DIG ‘B’ Department.

Rather than heed it, they rushed my brother and other accused to court sweeping the Abuja ‘s report under the carpet in confirmation of an earlier boast by an unnamed person on how he would use the office of  DIG Onovo( retired IG who was then a DIG)  to thwart  every move of the Police Force HQ. To actually show the officers that he meant his words, he always appeared at the Force HQ with the DIG Onovo’s orderlies, well dressed mobile police guys.

The court remanded my brother and others at the Federal Prisons Umuahia, from where my brother  engaged the services of a lawyer who applied and secured his bail on April 2007.  He  regained his  freedom, courtesy of Umunneochi High Court, presided over by Justice Izima.

“The case was formally filed for trial at the same court that granted my brother’s bail. They appeared in court on the three adjourned dates without jumping bail in any of the dates in court. Their  lawyers raised the issue of Abuja report but the Judge issued an order that the report should not be presented in court on the next date .

Unbelievably, as my brother and other accused persons appeared in court, the Judge Justice Izima  ignored the lawyer’s comments on the Abuja report. To our surprise, the Judge reversed himself and refused to accept the report that cleared my brother and others from the crime. Rather, he announced to the amazement of all in court that their  bail had been withdrawn, consequent upon which they were remanded  back to Okigwe Prisons.”

After a hot argument with the lawyers, the judge announced that he was transferring the case out of his court back to the Chief Judge of Abia State , Justice Sunday Imo.

At the Chief Judge’s court, all efforts to restore my brother and other accused persons’  bail by their  lawyers was bluntly refused by Justice Imo, wh o claimed he wanted to hear the witnesses before considering their application for bail. They were subjected to all sort of delays by the prosecuting counsel ,Chief Ogbonna.

During the trial that resumed on January 8 2009 at Justice Imo’s court, every tricks were played including  nine adjournments, as one of his police witness  never appeared in court.  For close to three years of this trial, the Justice accommodated  these tricks and delays as against the complaints of the accused  lawyers reminding them that the prosecutor, Chief ogbonna is an old man. We endured court strikes, and incessant travels by the Chief Judge to Abuja , prompting the court not to sit regularly , waiting patiently for justice to prevail .

We were however always encouraged after each sitting as the truth seemed to constantly be unveiled and the lies against my brother and others totally collapsing as all the hired witnesses  sharply contradicted each order before and after cross examinations” Emmanuel Ugochukwu stated.

Hope that the perceived unfolded truth would bring justice to the detained persons by way of tier release, was dashed , on the judgement day, as contrary to their expectation, Ralph Udeh and two others were slammed with a death sentence while the rest were freed.

The hall of the court room penultimate  July 1, 2010, was filled to its capacity with friends, family members and villagers who were beneficiaries to Raphael’s philanthropic gesture. At the arrival  of the Chief judge , Justice Sunday Imo, dead silence pervaded the court room before the bomb shell was dropped, throwing the enthusiastic loyalists into sadness.

Describing the whole act as a foul play, Ugochukwu stated, “before judgement day, it was rumored  that a chief in the community boasted that he had the chief judge in his palm including his Abuja connection .  We also heard he disclosed  they held a meeting in a hotel in Abuja where it was concluded that my brother and two others would be sentenced to death.

But we discarded it reassuring ourselves that it was not going to be considering the unfolding truth, only for the rumour to turn into reality as the Judge used only fifteen minutes to read out a case that took three years of hearing, saying he  found my brother guilty of murder by counseling women and also going to the State C.I.D Umuahia moving completely away from what was said throughout the trial by the witnesses.

All my brother could do was to shake his head and asked if it was possible  for an innocent person to be condemned to death, as he was being led out of the dock. My brother and the other convicts were quickly moved away from Umuahia prison to Enugu prison to calm the nerves of other inmates who were threatening to react violently because of the injustice of Justice Sunday Imo.

The trial and conviction of my brother is the climax of a high political manipulation because my brother was never involved in the riot and was never present there. At least the reinvestigation proved that.

My brother never instigated the women . Rather what prompted their visit to our house in the village was his past ability in settling disputes and encouraging peace in the community and that was the day we were mourning the death of our cousin

My brother was not present on the day of the riot, neither did he sponsor anyone as alleged. He was home all day. If they claimed some people died during the riot, then where are their bodies? In court, no evidence to that effect was produced to back up the claim. Even the policemen that re-investigated the case could also not produce evidence that anyone was killed. We also learnt that the case of death was not incidented at the police station.

This is a  frame-up and it  is simply because my brother threw his weight behind one of one of the politicians, an action that shook his opponent who is a member of the state House of Assembly. And they feel by taking him off , they would prevail” We are going to file for appeal and we envisage justice would be done” Ugochukwu stated .