Benin:The Edo Government says video-recorded confessions will now be mandatory for the prosecution of fresh kidnapping and cultism cases before the state’s newly established Special Criminal Court.
The Solicitor-General and Permanent Secretary, Edo Ministry of Justice, Mr Stephen Okoror, said this in an interview with the News Agency of Nigeria (NAN) on Tuesday in Benin.
Okoror said the directive was issued by the Chief Judge of Edo, Justice Daniel Okungbowa, adding that only fresh cases would be transferred to the Special Criminal Court.
He explained that cases already being heard in other courts would remain there until conclusion.
“The Chief Judge has directed that if a case has already commenced in another court, there is no need to transfer it to the Special Criminal Court.
“Let them conclude it there. But fresh cases should be brought to the Special Criminal Court,” he said.
According to him, the government had directed that statements made by suspects in capital offences must be video-recorded before such cases could be prosecuted at the Special Criminal Court.
“The instruction is specific. If we do not have a video recording of a suspect’s statement admitting to an offence such as kidnapping, we will not take the case to the Special Criminal Court.
“This is because without such evidence, there is a possibility of acquittal in regular courts,” he said.
Okoror emphasised that video-recorded confessions were crucial in securing convictions, noting that properly obtained recordings could serve as strong evidence in court.
“If a suspect confesses on camera, and the recording is done in accordance with the law, conviction becomes easier. For instance, in the June 14 kidnapping case at Airport Road Vegetable Market, the video evidence alone can secure conviction.
“Recording does not lie. The video speaks for itself,” he said.
He added that a family member, lawyer or civil society representative must be present during the recording process and that suspects would be free to admit or deny allegations on camera.
Citing an example, the Solicitor-General referred to the ongoing prosecution of a kidnap gang linked to the theft and repainting of a red Lexus Jeep.
He said investigations revealed that the vehicle was taken to a bush camp, dismantled and re-sprayed, while the owner later identified both the vehicle and its interior features.
“They took the vehicle into the bush and re-sprayed it. The person who did the re-spraying is also being prosecuted.
“How do you spray a vehicle inside the bush? The bush had a camp with about 12 people. It was a 12-man gang that carried out the kidnap, but only five participated in that operation,” he said.
Okoror said police investigations led to the arrest of a suspect who confessed on camera and implicated other members of the gang, including those who allegedly operated without masks.
He also clarified that defendants charged with capital offences must still testify in court even when they plead guilty.
“In capital offences that attract the death penalty, the law does not allow the court to rely solely on a guilty plea.
“The defendant must still enter the dock and state whether he is guilty or not, and explain what happened,” he said.
Providing an update on the trial of four defendants accused of kidnapping a woman at the Airport Road Vegetable Market, Okoror said the defence had opened its case before Justice Terry Momodu of the Special Criminal Court.
“The defence counsel opened its defence and presented its witness on recent Airport Road kidnapping.
“We subjected the witness to vigorous cross-examination and he denied all the allegations.
“It is now left for the court to decide,” he said.
He said the matter had been adjourned until Aug. 5 for continuation of cross-examination.
According to Okoror, the measures are aimed at ensuring speedy and credible prosecution of kidnappers and cultists while safeguarding suspects’ rights and reducing the risk of wrongful convictions.
