Rights Group asks Delta Chief Judge to release Mumbor, 7 others after serving 10years jail term

By Sola Omoniyi, Warri

A Civil Society Group under the auspices of the Conference For The Actualisation Of Human Rights, CAHR, has called on the Chief Judge of Delta State to urgently order the release of Mr Isiah Mumbor and seven (7) others who were upon their arrest in the year 2009, were charged before the Delta State Magistrate Court on remand proceedings wherein they were accordingly remanded in prison custody (Now Correctional Centre) since the year 2009.

(Mr Isaiah Mumbor ,Kwale Correctional Center Delta State)

Congress news gathered that in the year 2010, the suspects were arraigned before the Delta State High Court, Kwale Division on a Six (6) Count charge in Suit No: 5/1c/2010, of offences relating to Armed Robbery, Kidnapping and Demanding with menace and conspiracy.

Addressing newsmen at a press conference on Sunday in Warri, National Coordinator of the Conference For The Actualisation Of Human Rights, Omes Ogedegbe Esq had said the suspects be released after having served beyond their 10 years of jail terms.

(Others affected )

He gave the names of the suspects as Isaiah Mumbor, Kwale Correctional Center Delta State, Ife Freedom, Warri Correctional Center, Sunday Uba Tiemo, Warri Correctional Centre, Ernest Ateh, Whitehouse, Benin Correctional Centre, John Adapamo, Oko Correctional Centre Edo State, God’spower Omoniyi, Enugu Maximum Correctional Centre, Kemi Konyain, Warri Correctional Centre and God’spower Ikoro, Agbor Correctional Centre, Delta State.

The legal practitioner argued that in the event the period of their Imprisonment is made to run from the 13th day of December 2016, the defendants had done a total of uninterrupted 7 years and when the remission system or formula is put into consideration, the 8 defendants have served their jail term.

The rights group, further stressed that the controllers of the various correctional Centres should urgently check their inmate records and the freedom of the suspects concerned, having that the Nigerian Correctional Service Authority is empowered by law to make reductions on the period to be spent at the correctional centres by inmates by the powers of remission under the relevant and applicable statute.

The statement reads, “Our attention has been drawn to the plight of Mr Isaiah Mumbor and Eight (8) others who were upon their arrest in the year 2009, charged before the Delta State Magistrate Court on remand proceedings wherein they were accordingly remanded in prison custody (Now Correctional Centre) on since the year 2009. That is the year 2010, they were arraigned before the Delta State High Court, Kwale Division on a Six (6) Count charge in Suit No: 5/1c/2010, relating to them;

1. Armed Robbery

2. Kidnapping

3. Demanding with menace and conspiracy to commit the above offences.

“After the trial, the trial court presided over by Hon. Justice O. Jalogho Williams (of blessed memory) held amongst others on page 74 of the judgement thus:

“I must at this point refer to the submission of Counsel to Accused persons particularly 3d accused S.D Wodu, Esq, who raised an issue to the effect that Accused persons were charged with conspiracy to commit armed robbery alone and as such the offence of conspiracy in the information does not cover Counts 5 and 6 which is for the offences of kidnapping and demanding with Menace under Section 364 and 406 of the Criminal Code Law.
On count 6, which is for the offence under Section 406 of the Criminal Code Law of Delta State 2006, accused persons (1″ to 8”) accused persons are hereby sentenced to 3 years imprisonment with hard labour. Both sentences are to run consecutively.

“It is pertinent to state that upon the arrest of the accused persons in July 2009, they were remanded to prison custody (now correctional service) In August 2009 before the commencement of their trial in the year 2010 and they were not granted bail from the point of arrest in the year 2009 till their eventual conviction in the year 2016.

“It is our findings that immediately after their conviction the 8 accused persons were not immediately sentenced by the court presided over by Hon. Justice Jalogho- Williams (Mrs) of blessed memory, although a subsequent Judgement was later discovered it does not bear same suit number with the substantive Judgement where the 8th accused persons were! convicted with a pronouncement on their sentencing by the court as while the substantive judgement capturing the conviction was suit No. 5/1c/2009, the judgement that carries the sentencing bears Suit No: S/1c/2009 and its existence only got to the knowledge of the family upon our request for the certification of the judgement sometimes In April 2023.

“It is very important to state that assuming without conceding that there was a sentencing of the 8th defendants on the said 13th day of December 2016, when the period of their remand is considered about their conviction and sentencing period Le 2009 to 2023, the 8 defendants have remained in prison custody for a total period of 14 years-uninterrupted.

“In the event, the period of their Imprisonment is made to run from the 13th day of December 2016, the defendants have done a total of uninterrupted 7 years and when the remission system or formula is put into consideration, the 8 defendants have served their jail term. Moreso, the Nigerian Correctional Service Authority is empowered by law to make reductions on the period to be spent at the correctional centres by inmates by the powers of remission under relevant and applicable statutes.

“Our application is premised on the provision of the Nigeria Prison Service Standing Orders (Revised Edition), 2011 which provides in Section 70 thus: A prisoner is entitled to discharge on the day following that on which he has earned full remission by good conduct and industry. This no doubt is the reason for adding a day when working out a prisoner earlier than the date of release (EDR).

“The 8 defendants are currently serving their jail term in the following correctional centres;

1. Ife Freedom, Warri Correctional Center

2. Isaiah Mumbor, Kwale Correctional Center Delta State

3. Sunday Uba Tiemo, Warri Correctional Centre 4. Ernest Ateh, Whitehouse Benin Correctional Centre.

5. John Adapamo, Oko Correctional Centre Edo State 6. God’spower Omoniyi, Enugu Maximum Correctional Centre.

7. Kemi Konyain, Warri Correctional Centre

8. God’sPower Ikoro Agbor Correctional Centre Delta State

“We most respectfully demand their release as they are undeniably part of our society and should be re-integrated into society, especially on the ground that they have all served their jail terms,” the group added.

The group in a petition forwarded to the Chief Judge of Delta State also copied the Attorney General & Commissioner for Justice, Delta State and the State Controller Nigerian Correctional Services Delta State.