Two years after the Akwa Ibom State Government passed the death penalty bill on kidnapping into law, no kidnapper has been tried and convicted in the state, investigations revealed. On July 18, 2011, the wife of a former governor of the state, Imo Isemin, was kidnapped and on November 11, two kidnapped victimsEmayak Udo and Andrew Abasiekong of Ikot Esidomo Ukana, and Itam Itu, Essien Udim and Mkpat Enin Local Government Area of the states were rescued by the police. On November 24, the police arrested one Titus Asuquo and Eyo Akpan from Ikot Akpa Ekang village, Uruan LGA of the state for kidnapping and selling of a three-year-old Emilia Etim, to traffickers.Since the passage of the bill into law, the kidnappers have continued with their activities in the state, yet none of them has been convicted.The Chief Registrar of Akwa Ibom State Judiciary, Mr. Ezekiel Enang, blamed the delay in the implementation of the death penalty for kidnappers on the refusal of the victims to give evidence in court.Enang told our correspondent on Tuesday that the law was still active, regretting that none of the kidnappers had been brought to court and evidence given against them. He said the court could not stage execution when kidnappers had not been prosecuted and convicted.He explained that for the law to be implemented, people must be ready and willing to give evidence against kidnappers. He noted that where there was no evidence, it would be difficult to prove the case before a competent court, adding that the court would not stage execution on someone that against whom the crime of kidnapping had not been established.Enang said, "The law is still there; until the kidnappers are brought to the court before we can establish whether they are kidnappers or not."None of them has been charged and proven. No individual can have execution without conviction. Until the kidnappers are brought to the court and proven before anyone can stage execution."The Commissioner of Police, Akwa Ibom State, Mr. Solomon Arase, said it was not the duty of police to file prosecution against kidnappers since the crime was against the state.He explained that for such a capital offence, it was the Directorate of Public Prosecution Office that needed to take action against the kidnappers by filing necessary papers in the states high court.He said, "The question should be directed to the judiciary. The police have nothing to do with the case. For such a capital offence, the cases have to go to the Directorate of Public Prosecution Office for legal adviser to file such information in the high court."You can go and take examples of people who are in prison. They were remanded there on the directive of the police. You should also look at the human angle to it. The state has been so traumatised that even the people who are victims of the kidnap, when you arrest the kidnappers and take them to court to give evidence, the people who were supposed to give evidence about the act, would not do so."Who then do you blame' Its certainly not the police. It is the mindset of the people that have been so traumatized, that if they come out, there may be some other members of the gang that may go against them. So they mess up with all those cases."Arase stated that over 70 kidnappers were remanded in Ikot Ekpene Prisons last month. He noted that it was the DPP office that was supposed to pursue the prosecution of those cases, as they were cases for the state versus the kidnappers. He submitted that the police had done their duty by arresting the culprits. The states Commissioner for Information and Communication, Mr. Aniekan Umanah, blamed the judiciary and the police for not doing their jobs, saying that since the law on death penalty had been passed by the state House of Assembly and assented to by the governor, Mr. Godswill Akpabo, there was no reason why its implementation should be a problem.He said, "The state government was the first to sign the bill stipulating death penalty on kidnappers into law."As none of the kidnappers have been arranged and executed, it is not the work of the government; it is the work of the police and the judiciary. They are there to implement the law."The bill, tagged, The Akwa Ibom State Internal Security and Enforcement Bill 2009, was passed into law during the Houses sitting on Tuesday, following a motion moved by Mr. Samuel Ikon, seconded by Chief Jack Udota and unanimously supported by all the members.
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