BENIN CITY, Edo State — A Senior Advocate of Nigeria (SAN), Mr. Olayiwola Afolabi, has cautioned Edo State Governor, Monday Okpebholo, against ordering the execution of four persons recently sentenced to death by the Edo State Special Criminal Court for kidnapping.
Afolabi, who spoke in Benin City, said the convicts must be allowed to exercise their constitutional and statutory rights to challenge the judgment before any execution could lawfully be considered.
The Edo State Special Criminal Court, in its maiden judgment on a kidnapping case, on Tuesday sentenced four persons — Marvellous Isaac, Wisdom Michael, Rufus Emete Michael and Gift Raphael — to death over their involvement in the abduction of a woman at the Vegetable Market along Airport Road, Benin City.
The defendants were convicted on various counts bordering on kidnapping, conspiracy, armed robbery, cultism and unlawful possession of firearms. The court imposed death sentences by hanging or lethal injection on specified counts.
Reacting to the judgment, Afolabi urged the governor to allow the legal process to run its course, stressing that the convicts have a right to appeal the decision.
According to the lawyer, the applicable criminal appeal period is 90 days from the date of the decision, and the governor should not move to execute the sentences before the expiration of the period or determination of any appeal filed within the prescribed time. Nigerian law provides a 90-day period for giving notice of appeal in criminal matters, subject to the court’s power to extend the period in appropriate circumstances.
Afolabi said he expected the Edo State Attorney-General and Commissioner for Justice, Roland Otaru, to properly advise the governor on the need to respect due process.
“The governor cannot order the execution of the convicts. It is only when they fail to file an appeal within the required 90 days,” Afolabi was quoted as saying.
He commended the establishment of the Edo State Special Criminal Court, describing it as an important step towards addressing kidnapping and other violent crimes in the state.
However, he stressed that efforts to tackle insecurity must be carried out within the framework of the law, adding that the rights of convicted persons to pursue available legal remedies should be respected.
The judgment followed the June 14, 2026 abduction of a woman at the Vegetable Market along Airport Road in Benin City. The Special Criminal Court was established to handle kidnapping and cultism-related cases and expedite the prosecution of violent crimes in the state.
Counsel to one of the convicts, Felix Imasuen, had also indicated after the judgment that his client would appeal the decision.
Afolabi, a civil rights lawyer and principal partner of Olayiwola Afolabi & Co. (Rehoboth Chambers), Benin City, is also known for advocacy on judicial welfare and public-interest legal matters.
