Gbagi has a case to answer, Justice Ministry tells Police

Former Minister of State for Education and Governorship aspirant in Delta State, Olorogun Kenneth Gbagi has a case to answer, the Delta State Ministry of Justice has flatly said.

Consequently, it has asked the Police to arrest him and his son, Egba Gbagi to
take a statement on the circumstances and role they played in the alleged torture and detention of four of the staff of his Signatious Hotels and Suites.

Specifically, the Ministry directed the Police to obtain statements under caution in response to allegations levelled against him in a case involving armed robbery, kidnapping, deprivation of liberty, torture and cyber stalking.

The Ministry’s letter to the Police letter reads in part.

“The Police should arrest Chief Kenneth Gbagi and obtain statement from him under caution in response to the allegations against him in the case file. The facts from the case file show that the name of Chief Kenneth Gbagi featured prominently in the matter. He was allegedly the mastermind behind the acts perpetrated on pages A6- Gloria Oguzie (f), A7- Roselyn Okiemute (f), A8 Achibong Precious (f) and A9- Ephraim Victor (m).

“The statements of the witnesses identified him as participating personally in their ordeal. In addition, the statements of the two arrested suspects placed Chief Kenneth Gbagi as being present during the course of this matter and an active participant thereof. It is therefore imperative that Chief Kenneth Gbagi respond to the allegations against him…

“All the police details attached to Chief Kenneth Gbagi on the 17th and 18th September 2020 who are alleged to have aided, abetted and took part in the events of 17th and 18th September 2020 involving pages A6- Gloria Oguzie (f), A7- Roselyn Okiemute (f), A8- Precious (f) and Page A9- Ephraim Victor (m). Their statements should be forwarded to this office to enable us ascertain their culpability,” the letter reads.

Below is the full text of the letter:

The Deputy Commissioner of Police,
The Nigeria Police,
State Headquarters,
Asaba.

RE: LEGAL ADVICE

STATION: SCIID

OFFENCE: ARMED ROBBERY, KIDNAPPING, DEPRIVATION OF LIBERTY, TORTURE, AND CYBER STALKING

CASE FILE NO: CR.203/2020

CHARGE NO: CMA/382c/2020

IPO: ASP THERESA OKPOR & TEAM

SUSPECTS: VICTORIA OGIDIAGBA (F), IKECHUKWU KINGSLEY NDUKWU (M)

The above subject matter refers wish to inform you that this office is in receipt of the Certified True Copy of the Police case file in this matter from the Senior Registrar, Chief Magistrate Court, Asaba for Legal Advice. This office has undertaken a painstaking review of the case file inclusive of statements obtained from the witnesses namely Pages A6- Gloria Oguzie, A7- Roselyn Okiemute, A8- Achibong Precious and A9 Ephraim Victor. We also reviewed the cautionary statements of the arrested suspects Page B1-Victoria Ogidiagba (f) and Page B2-Ikechukwu Kingsley Ndukwu (m). The following facts are elicited from the case file:

i. Chief Kenneth Gbagi, the Chairman and owner of Signatious Hotels and Suites situated at P.T.I Expressway Warri accused all the victims Pages A6 Gloria Oguzie (f) A7- Roselyn Okiemute (f), A8- Achibong Precious (f) and A9- Ephraim Victor (m) of stealing the money of Signatious Hotels and Suites where all the Defendants work.

ii. In consequence of the above on the 17 September 2020, Chief Kenneth Gbagi forcefully with the aid of his armed police details attached to him took page A9- Ephraim Victor hostage to his village (Oginibo) where he was held overnight against his will and stripped naked to his under pants

iii. On the 18 September 2020, Chief Kenneth Gbagi returned to his Signatious Hotel and Suites with page A9 Ephraim Victor whom he conveyed in the boot of his range rover jeep and further confined him in the said car boot from about 10am till about 1pm.

iv. On the same 18th September 2020, Chief Kenneth Gbagi acting in concert with his armed Police details forcefully apprehended pages A6- Gloria Oguzie (f), A7- Roselyn Okiemute (f), and A8- Achibong Precious (f) and compelled them to carry out all of Chief Kenneth Gbagi directives at gun point.

v. Chief Kenneth Gbagi ordered page A6- Gloria Oguzie (f), A7- Roselyn Okiemute (f), and A8- Achibong Precious (f) to strip naked except for their pants at gunpoint.

vi. Chief Kenneth Gbagi with the aid of page B1 Victoria Ogidiagba (f) collected the ATM cards of all the victims A6- Gloria Oguzie, A7- Roselyn Okiemute, A8- Achibong Precious and A9- Ephraim Victor and made them to disclose their respectively ATM pin numbers at gunpoint.

vii. Chief Kenneth Gbagi then directed his account officer (one Mr. Success) and page B1 Victoria Ogidiagba (f) to withdraw all the monies in the victims various accounts. The amounts withdrawn were N176,500, N111,000 and N5,000 respectively.

viii. Chief Kenneth Gbagi further compelled the victims to write their statements in his office at gunpoint.

ix. Chief Kenneth Gbagi then proceeded to parade the victims publicly on the grounds of the hotel naked except for their pants before members of staff of the hotel and the hotel customers.

x. He ordered page B1 Victoria Ogidiagba (f) to lock the victims up in the hotel warehouse and to keep watch over them which instruction she carried out. The victims were kept locked in the warehouse for a while before they were subsequently moved to Chief Kenneth Gbagi office where they were also held against their will. They were then subjected to physical and verbal abuse by Chief Kenneth Gbagi and his armed police details

xi. In the course of the interrogation Chief Kenneth Gbagi personally flogged page A8 Achibong Precious (f), a married woman, with a whip.

xii. Chief Kenneth Gbagi ordered his police details to beat up page A9 Ephraim Victor which they did.

xiii. Chief Kenneth Gbagi personally took pictures of the victims with his mobile phone in their nude state. He thereafter directed page B1-Victoria Ogidiagba (f) and his son Egba Gbagi to also take pictures and make video recordings of the victims in their nude state. The pictures and video recordings were eventually posted on several social media platforms.

xiv. Chief Kenneth Gbagi instructed Page B2-Ikechukwu Kingsley Ndukwu (m) to print the nude pictures of the victims from the phone of his son Egba Gbagi. Page B2 thereafter transferred the pictures from the phone to the hotel’s desktop computer and printed the nude photographs of the victims.

3. From the facts in the case file summarized above, the elements of the following offences are established:

i. Conspiracy to commit to a felony to wit armed robbery, punishable under S. 1(2)(a) of the Robbery and Firearms Act 2004 (as amended).

ii. The substantive offence of armed robbery punishable under S.1(2)(a) of the Robbery and Firearms Act 2004 (as amended).

iii. Conspiracy to commit a felony, to wit: Kidnapping, contrary to Section 3(1)(d) and punishable under Section 4(1) of the Delta State Anti-kidnapping Law 2016.

iv. Kidnapping, punishable under Section 4(1) of the Delta State Anti-kidnapping Law 2016.

v. Conspiracy to commit to a felony to wit: Cyber Stalking, punishable under S. 24(a) of the cybercrime (prohibition prevention etc) Act, 2015.

vi. Aiding and abetting the commission of the offence Cyber Stalking, punishable under S. 24(a) of the cybercrime (prohibition prevention etc) Act, 2015.

4. The two arrested suspects, pages B1-Victoria Ogidiagba (f) and B2 Ikechukwu Kingsley Ndukwu (m) were identified by the witnesses in their various statements in the case file. In addition in their various cautionary statements, each of the two suspects admitted to the roles played by them in this matter. These pieces of evidence taken together meet the threshold of establishing a prime facie case, which is re quired at this stage of the matter against pages Bl-Victoria Ogidingba (f) and B2 Ikechukwu Kingsley Ndukwu (m). In the circumstances, page BI-Victoria Agidigba (f) has a prime facie case of the following offences to answer to

i. Conspiracy to commit to a felony to wit: armed robbery, punishable under S. 1(2)a) of the Robbery and Firearms Act 2004 (as amended).

ii. The substantive offence of armed robbery, punishable under S. 1(2)(a) of the Robbery and Firearms Act 2004 (15 amended).

iii. Conspiracy to commit a felony, to wit: Kidnapping, contrary to Section 3(1)(d) and punishable under Section 4(1) of the Delta State Anti-kidnapping Law 2016.

iv. Kidnapping, punishable under Section 4(1) of the Delta State Anti-kidnapping Law 2016.

v. Conspiracy to commit to a felony to wit: Cyber Stalking, punishable under S. 24(a) of the cybercrime (prohibition prevention etc) Act, 2015.

vi. Aiding and abetting the commission of the offence Cyber Stalking punishable under S. 24(a) of the cybercrime (prohibition prevention etc) Act, 2015.

Page B2-Ikechukwu Kingsley Ndukwu (m) on his part has a prime facie case of the following offences to answer to:

i. Conspiracy to commit to a felony to wit: Cyber Stalking, punishable under S. 24(a) of the cybercrime (prohibition prevention etc) Act, 2015.

ii. Aiding and abetting the commission of the offence Cyber Stalking, punishable under S. 24(a) of the cybercrime (prohibition prevention ete) Act, 2015.

The information disclosing the offences will be filed immediately at the High Court of Justice Delta to commence their prosecution. I am to request that you forward the original case file and exhibits in the matter to enable us effectively prosecute the matter.

5. The facts from the case file show that the name of Chief Kenneth Gbagi featured prominently in the matter. He was allegedly the mastermind behind the acts perpetrated on pages A6- Gloria Oguzie (f), A7- Roselyn Okiemute (f), A8 Achibong Precious (f) and A9- Ephraim Victor (m). The statements of the witnesses identified him as participating personally in their ordeal. In addition, the statements of the two arrested suspects placed Chief Kenneth Gbagi as being present during the course of this matter and an active participant thereof. It is therefore imperative that Chief Kenneth Gbagi respond to the allegations against him. We note from the case file that he was invited by the State Police Command but failed to honour the invitation. The Police should arrest Chief Kenneth Gbagi and obtain statement from him under caution in response to the allegations against him in the case file. The statement of Chief Kenneth Gbagi should thereafter be sent to this office for further action.

6. The Police should also arrest the following under listed persons and obtain statements from them under caution:

i. Egba Gbagi (m), son of Chief Kenneth Gbagi, who allegedly took pictures and made a video recording of pages A6- Gloria Oguzie (f), A7- Roselyn Okiemute (f), A8- Achibong Precious (f) and A9. Ephraim Victor (m).

i. Mr. Success, the account officer at Signatious Hotels and Suites, who allegedly on the instructions of Chief Kenneth Gbagi, transferred the sums of money belonging to pages A6- Gloria Oguzie (f) A7- Roselyn Okiemute (f) A8- Achibong Precious (f) and A9- Ephraim Victor (m) from the victims accounts to the hotel’s account.

iii. All the police details attached to Chief Kenneth Gbagi on the 17th and 18th September 2020 who are alleged to have aided, abetted and took part in the events of 17th and 18th September 2020 involving pages A6- Gloria Oguzie (f), A7- Roselyn Okiemute (f), A8- Precious (f) and Page A9- Ephraim Victor (m).

Their statements should be forwarded to this office to enable us ascertain their culpability.