A father of seven from Ikot Use Ekong in Eket Local Government Area of Akwa Ibom State would die by hanging for kidnapping a four-year-old boy who has not been found till date.
Pius Udo Ben, aged 59, was standing trial before the State High Court in Abak with one Emmanuel Dickson Assam, a 62-year-old carpenter, for aiding him to escape, contrary to Section 12 sub-section B of Akwa Ibom State Internal Security and Enforcement Law, 2009.
It was gathered that when the four-year-old victim was sleeping in his mother’s shop in Iko Eket, Eket Local Government Area, the convict who came with a motorcyclist, tricked his 11-year-old sister to leaving the shop to get remaining money for iced fish of N100.
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She returned without seeing her brother and the kidnapper, who left behind the iced fish he pretended to buy.
The incident which occurred on 5th June 2014, compelled the then village head-elect of Iko Eket, to summon the entire villagers for a parade and the sister of the missing boy identified the kidnapper among the crowd.
In her one-hour judgement, the presiding judge, Justice Eno Isangedighi said she had read the addresses of the defence and the prosecution against the background of the facts adduced in evidence what she described as “straightforward.”
Justice Isangedighi discharged and acquitted the second accused, Emmanuel Dickson Assam for lack of evidence and found the first accused, Pius Udo Ben guilty of kidnapping and sentenced him to death by hanging.
“Whether the four-year-old boy is alive or not, the clue lies with the convict, who from the fact of the case, has decided to keep mum and face the consequences alone,” she held.
“He may well not be alive again or is being raised in a strange environment to be who God did not create him to be. Whatever happens, it is expected that justice must be done,” Justice Isangedighi pronounced.
She also said that she has “listened to the allocates of the first defendant and considered the passionate plea for mercy by the defence counsel.
“I have also double-checked the provisions of the law to see whether it allows any latitude for discretion on the Court during sentencing. What I find is very clear and it states that any person who contravenes subsection 1 of Akwa Ibom State Internal Security and Enforcement Law, 2009 commits an offence and shall on conviction, be liable to be sentenced to death.”
“Very sadly, the Court has no discretion for power to lessen the sentence. Had there been such discretion, the Court would have taken into consideration, given the fact that the first defendant has been in custody for about 10 years. But as it stands, I am powerless to do so.”
“The sentence of this Court upon you, Pius Udo Ben is that you are hereby sentenced to death. You shall be hanged on the neck until you die. May the Lord have mercy on your soul,” Justice Isangedighi stated.
