“It’s selective prosecution” – Lawyer
“Law was retroactively applied” – Analyst
By Kehinde Jacobs
BENIN CITY — The sentencing of four persons to death in Edo State has triggered fresh debate over justice administration in the state, with legal practitioners and commentators questioning the legal basis of the judgment and alleging selective prosecution.
The controversy stems from the conviction of four accused persons under a law which, according to observers, was not in force as at the time the alleged offence was committed, raising concerns that the law was applied retroactively.
Legal experts note that retroactive application of criminal law, particularly in capital offences, contradicts the principle of legality which holds that a person cannot be convicted for an act that was not a crime at the time it was committed, or be punished with a penalty heavier than what existed at the time of the offence.
Reacting to the judgment, Benin-based legal practitioner, Barrister Darlington Agomuo, described the conviction as an example of selective prosecution, arguing that similar and even more heinous crimes committed in the state by persons from other backgrounds have not attracted the same legal treatment.
In a strongly worded reaction, the lawyer in a video interview questioned the fairness of the justice system in handling the case.
“As good as this judgment is, the people involved are from Edo and Christians. There are worse cases that have happened in Edo State by those who are not from there. These group of people are very dreadful and have been terrorizing the State.
What about the kidnappers from the North who have been terrorizing Nigerians, especially in Benue and Plateau? The same Law should go around. Also, it’s because these young men don’t have political godfathers that they’re being singled out and used as scapegoats, so it will look like Governor Okpebholo is working,” Barrister Darlington stated while reacting to the death sentence.
Agomuo contended that the young men were being used as scapegoats to create an impression of effective governance, adding that their lack of political connections made them vulnerable to harsh punishment while more influential offenders walk free.
Barr Agomuo’s comments have resonated with a section of the public who have also expressed concerns about the increasing insecurity in Edo State and other parts of the country. Some residents have pointed to the activities of kidnappers and armed groups, particularly in the northern and Middle Belt regions, including Benue and Plateau States, where repeated attacks have claimed hundreds of lives with few convictions.
According to them, if the state government is desirous of showing strength in tackling crime, the same energy and legal framework should be applied uniformly to all criminal elements, regardless of ethnicity, religion or political affiliation.
Other commentators have also called on the Edo State Government and the judiciary to clarify the status of the law under which the accused were convicted, to ensure that the judgment does not set a precedent where laws are applied retroactively to secure convictions.
They argue that while the fight against crime must be firm and decisive, it must also be rooted in legality, fairness and respect for constitutional safeguards to maintain public confidence in the justice system.
As at the time of filing this report, the Edo State Ministry of Justice and the office of Governor Monday Okpebholo are yet to issue an official response to the allegations of selective prosecution and retroactive application of the law.
But, our correspondent gathered that the new law titled ‘Kidnapping Prohibition (Amendment) Law, 2025’, was signed into law by the incumbent Governor, Mr. Monday Okpebholo in February 2025 – in the first quarter of his administration.
Reports on the law first appeared on February 26, 2025, when it was announced alongside the Secret Cult and Similar Activities (Prohibition) Law, 2025.
The law stipulates death penalty for convicted kidnappers where life is lost, life imprisonment where victim survives, 14-21 years for accomplices, ransom negotiators, and those who provide shelter/logistics, as well as confiscation and demolition of any property used to facilitate kidnapping.
It was further learnt that the governor signed the new law after assuming office as part of his SHINE security agenda.
The death sentence has continued to generate mixed reactions across social media and within legal circles in Benin City, with many calling for an appeal and a broader review of criminal justice administration in the state.
