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Court Drops Charges for man accused of kidnapping in Delta

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WARRI- A high court sitting in Warri, Delta state has discharged and acquitted one Samuel Esiegbuya, who was subjected to both physical and emotional torture after a long period of unlawful arrest and incarceration at the Okere prisons alongside his siblings over wrongful accusations.

In a suit charge No W/329c/15 between the state and the defendant, the

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complaint, one Jimoh Francis, a superintendent in a multi-national oil company, Chevron Nigeria Limited, had accused Samuel Esiegbuya of attempted kidnapped, threat to life and defamation of character following their earlier disagreements at the company which led to the accused person losing his job.

Delivering judgement, the presiding judge, Hon. Justice T.O Uloho, held that  there were no circumstantial evidence presented by the complaint to establish  that the accused actually committed the crime for which he was being tried as there were no traces of documents or means of communication where the defendant carried out such an act before the court.

Consequently, the judge ruled that the counsel to the accused person, Messer M. E Sajere esq. was able to prove his case beyond all reasonable doubts in favour of his client and based upon which the court found the accused innocent and thereby declared him discharged and acquitted of all the charges that has led to his incarceration.

In a copy of the ruling made available to newsmen in Warri, yesterday, Justice

Uloho, held that the claim that the accused person used force or illegal power or undue influence or intimidation to obtain something from the complaint cannot be substantiated and not justifiable to have subjected him to the physical and psychological trauma he suffered.

According to the judgement, “the prosecution failed woefully to prove the

specific intent of intention to extort. The law is trite that where a specific

intent forms the ingredient of the offence and same not proved by the

Prosecution, the accused person must be discharged, citing the case of Queen – V- Nwagoagwuo of 1962 as a reference.

She submitted that, “in the absence of any intent on the part of the accused to

extort, the charge against the accused person must fail and it hereby fails.

Consequently, the accused person Samuel Esiegbuya is hereby discharged and acquitted by me”.

Reacting to the ruling, the defendant, Mr. Samuel Esiegbuya, described the landmark judgement from Hon. Justice T.O Uloho as a victory not just for him alone but the masses, adding that it has further laid credence to the fact that the court remains the last hope for the poor, oppressed and the less privileged in the society.

He noted that the last has not been heard of the matter as he would explore      all legal means at his disposal to ensure adequate compensation for the damages, loss of jobs and career as well as pains himself and his brothers were subjected for the over two years period they were unlawful arrested and detained.

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