Says govt can’t rush justice.
A legal practitioner, Ekene Aninze, has raised constitutional concerns over remarks attributed to Edo State Governor, Monday Okpebholo, on plans to establish a special court for the trial of suspected cultists and kidnappers within two to three weeks.
The governor had on Thursday, June 18, during the parade of suspects by the Edo State Police Command in Benin City, said his administration would set up a special court to try individuals accused of kidnapping and cultism. He also vowed to sign death warrants for anyone convicted, stating that such executions could be carried out publicly at Ring Road in Benin City as a deterrent.
In reaction, Aninze commended the governor’s tough stance against violent crimes, describing it as a demonstration of courage and zero tolerance for cultism and kidnapping. However, he questioned the legal basis and constitutional validity of the proposed measures, stressing that efforts to combat crime must still operate within the framework of the 1999 Constitution.
He argued that the governor does not have the authority to unilaterally create a special court outside those already established by the Constitution, adding that criminal matters of such severity require properly constituted judicial processes. According to him, offences like kidnapping and cultism involve detailed investigations, evidence gathering, cross-examination of witnesses, and adequate time for defence, all of which cannot be compressed into a two-to-three-week trial window without risking violations of fair hearing rights under Section 36 of the Constitution.
Aninze further warned that rushing such trials could undermine due process and provide strong grounds for appeal. He also noted that even in the event of a conviction and death sentence, a governor cannot immediately sign a death warrant, as convicted persons retain the right to exhaust all appeals up to the Supreme Court. He referenced Sections 240 and 243 of the Constitution, as well as the Supreme Court decision in Bello v. Attorney-General of Oyo State, to support his position.
While maintaining his legal objections, Aninze said he understood the governor’s frustration over rising insecurity and supported decisive action against kidnapping, cultism, and other violent crimes. However, he insisted that such efforts must still be carried out strictly within constitutional limits, noting that the governor’s powers are defined and restricted by the same legal framework he is seeking to enforce.
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