The police in Lagos, Nigeria have arraigned three suspected kidnappers before the  Ikeja Chief Magistrate’s Court on a six-count charge of committing felony, to wit,  kidnapping, an offence punishable under sections 516, 364 (2), 320 (2), 3 (1) of the  Robbery and Firearms Act, Cap. 211, Laws of the Federation of Nigeria, 2004 and 390  (9) of the Criminal Code, C.17, Vol.11, Laws of Lagos State of Nigeria, 2003.

The police alleged that the accused, Ifeanyi Obiora, Steven Eze and Peter Emmanuel,  conspired to kidnap Hycceth Duru on 27 September, 2010 at Amuwo Odofin area of Lagos  State, Nigeria.

The police alleged that one of the accused was armed with a locally made shotgun.  They allegedly held the victim hostage for four days before the police rescued him.

Count 2, 3 and five read: ”That you, Ifeanyi Obiora, Steven Eze and Peter Emmanuel  and others still at large on the same date, time and place in the aforesaid  magisterial district kidnapped Hycceth Duru and attempted to murder him while  Ifeanyi Obiora was armed with a  locally-made shotgun without licence duly issued to  him by the Inspector-General of Police.

The accused were earlier arraigned before the Ebute-Metta Magistrate’s Court on 22  October, 2010 on the same offence, but the presiding magistrate struck out the case  when the lawyer representing them told the magistrate that the criminal case  preferred against them should not be entertained because he has sued the police for  abuse of the fundamental human rights of the accused for detaining them more than  necessary.

The magistrate struck out the case and advised the police to sort out the human  right abuse suit before the criminal case could continue.

He thereafter, adjourned the matter till 25 November, 2010.

Not satisfied with the judgment, the police rearrested the accused within the court  premises and rearraigned them before the Ikeja Chief Magistrate’s Court on the same  charge.

At the Ikeja Magistrate’s Court, the presiding magistrate, Mrs. Olatoun declared  that the accused had a case to answer because a civil case cannot supersede a  criminal matter.

She ordered the accused to be remanded in prison custody and adjourned the matter  till 3 November for trial.

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