BY AUSTIN OGWUDA
ASABA — THERE was com-motion at an Asaba High Court, yesterday, as two robbery suspects took everybody unawares and escaped from the court room immediately the judge sentenced them to death by hanging, having found them guilty on two-count charges of armed robbery.

The two suspects who were in the dock without handcuffs jumped out, and became violent, used a wooden barricade used to block traffic leading to the court to hit prison officials chasing them.

The convicts were one Elvis Agbofodo and Frank Okedema both from Ekpan community, Uvwie Local Government Area of the state.

Prosecution had told the court that they robbed the residence of one Mrs. Mercy Omatseye of valuables and cash on July 8, 2010.

Both of them were, however, re-arrested with the assistance of the residents of the area. One of the them was shot by armed prisons official who pursued him to a nearby church premises, about 100 metres from the court.

As a result of the incident which took place at about 11.30 am, further proceedings in the court were disrupted as the judge, court officials and lawyers scampered for safety as gun shots rented the air.

New Controller of Prisons in the state, Mr. Joseph Olanrele, had during a recent courtesy visit to the state Attorney-General and Commissioner for Justice, Mr. Charles Ajuyah (SAN) expressed worry over the large number of condemned criminals in various prison formations across the state, noting that it was worrisome as they (condemned criminals) constantly create problems for prison officials looking after them while awaiting the hangman.

Ajuyah, on his part condemned the use of phones by some inmates even while in the court, saying such act is capable of undermining security of officials and inmates.

I.Joan:

Naija we hail thee!

The two suspects who were in the dock without handcuffs jumped out, and became violent, used a wooden barricade used to block traffic leading to the court to hit prison officials chasing them.

Gbawe:

Tragic how Nigeria continues to insist on being a law unto herself while refusing to learn from others about minimum standards of best practices. Whether it is security, transportation or even agriculture, Nigeria will always do things in her own 'unique way'.

Many times, we see pictures of dangerous criminals being paraded without handcuffs or any form of restraint. It just does not make sense to take chances given the desperate character of the criminals being paraded publicly. Only in Nigeria that Kabiru Sokoto, a suspected terrorist accused of masterminding the death of many Nigerians, swaggers around without any form of restraint when paraded before the public. I am sure this type of 'escape' happens a lot in Nigeria.

Chanchit: When you see death face to face, na that time you go knw say u get wings to fly sef. Them don watch too much prison break.

Fesisko: keep saying trash! how can you handcuff an accused person in a court room? the warders should take the blame for negligence on duty.

Handcuffing of Defendants

Principle

There is a presumption that a defendant should be unfettered in court unless there are reasonable grounds for restraint. The onus is on the prosecution to show reasonable grounds for the use of handcuffs.

This guidance is to ensure that wherever possible the risk of escape or violence by prisoners is identified in advance of a court appearance and is managed by introducing appropriate arrangements that do not unnecessarily prejudice the prisoner.

Defendants appearing before courts should not be handcuffed or otherwise restrained in the dock, unless there is a danger of violence or escape. These are the only two factors which may be taken into account when deciding whether or not to restrain a defendant in the courtroom:

Ten Kobo: Shameless nation that takes everything for granted. They were lucky the robbers did not disarm the the armed officials and turn the whole court room into an ocean of blood.

stanhezo: Who is to blame?

Mazi Jero: why would two-count charge of armed robbery attract a death sentence It is clearly a weak law that need to be discarded with urgency