BY TONY EDIKE
ENUGU — AFTER two years and seven months in prison, Enugu-based oil magnate, Chief Ignatius Nnubia, and six others, standing trial over the alleged kidnap of Dr. Francis Edemobi, younger brother to the former Minister of Information, Professor Dora Akunyili, were Tuesday  discharged and acquitted for offences of conspiracy, armed robbery and kidnapping by an Enugu State High Court.

But a soldier, Lance Corporal Chinedu Uhalla, a native of Mgbidi in Imo State, who was dismissed by the Nigerian Army for participating in the abduction of the doctor on December 1, 2008, was sentenced to five years jail with hard labour.

However, the court, presided over by Justice Romanus Odugu, ordered that his sentence should run from March 29, 2009, when he was remanded in prison custody.

Nnubia was convicted by the court for illegal possession of firearms but fined N20,000, following  plea by his counsel, Onyechi Ikpeazu, SAN, who urged the court to temper justice with mercy.

The accused persons who regained their freedom yesterday were Police Sgt. Dennis Osakhare, Constable P.C. ThankGod, Dr. Nnubia, Emma Okoli; Anike Ejike, Anthony Chigbo and Joshua Ayuba listed as 1st, 2nd, 3rd, 4th, 5th, 6th and 8th defendants respectively.

Delivering the judgment which lasted over four hours, Justice Odugu said that the prosecution represented by Tony Ani, who was recently appointed Enugu State Attorney-General and Commissioner for Justice, could not prove its case of conspiracy, armed robber and kidnapping against them beyond reasonable doubt.

The judge held that the evidence of prosecution witness I, Ali Mohammed which indicted the accused persons could not be substantiated neither was it corroborated by any other witness in the case, saying after reviewing all the submissions and exhibits tendered in the case he was of the view that the there was no concrete evidence that could warrant the conviction of the seven accused persons for charges of armed robbery and kidnapping preferred against them.

He, however, ruled that the prosecution was able to prove its case against Uhalla alias Onye army, who had in his confessional statement to the police admitted to have fully participated in the planning and abduction of Edemobi from his building site along Nza Street, Independence Layout, Enugu.

He was therefore slammed with five years jail term with hard labour for his involvement even though the prosecution had urged the court to increase his punishment in view of the heinous crime of kidnapping which has been a major security problem in the state.

On the charge of illegal possession of firearm preferred against Dr. Nnubia, the judge ruled that he was convinced from all available evidence that the accused person owned the Berretta Pistol and some rounds of live ammunitions recovered from his Ihembosi country home as well as his Enugu residence during a search by operatives of the Special Anti Robbery Squad, SARS following the kidnap of Edemobi.

He stated that even though Nnubia denied knowledge of the pistol which was a product of the search warrant executed on him, he could not convince the court that the gun was not recovered from his residence, more so when the search was conducted in the presence of his wife.

Justice Odugu agreed with the defense lawyers that Ali Mohammed was on a “malice mission” when he named Nnubia, his security aides, manager and driver as accomplices in the kidnap saga, saying he (Mohammed) from Sokoto State lied against them for reasons best known to him just as his evidence before the police seriously contradicted his submissions to the court.

“There is no direct evidence linking the accused persons, except Uhalla, to the crime of armed robbery and kidnapping. The evidence brought against them required corroboration but there was none and the court therefore cannot believe the evidence submitted by the prosecution against them having found them no credible,” Odugu ruled.