A High Court sitting in Port Harcourt has reserved sentencing a man identified as Tombari Eedey Taol, who was convicted for the rape and murder of nine-year-old Eedeebari Littia Gonis in Bori, Khana Local Government Area of the Rivers.
Tombari was found guilty on December 17, 2024, in Suit No: PHC/785C/2019, for murder, unlawful sexual intercourse with a minor, and sexual abuse and exploitation. However, the court postponed sentencing due to the convict’s age, under 14 years at the time the crime was committed, and ordered a medical evaluation to determine his mental state.
During the adoption of final written addresses, counsel to the convict, Ignatius Ihesiaba, argued that, based on Section 409 of the Administration of Criminal Justice Law (ACJL), the convict is eligible for either life imprisonment, rehabilitation, or confinement in a psychiatric facility, considering his age at the time of the offence.
Ihesiaba urged the court to consider the medical report, which diagnosed the convict with schizophrenia, suggesting that Tombari was of unsound mind at the time of the crime. She recommended that he be committed to the Neuropsychiatric Hospital, Rumuigbo, for treatment and rehabilitation.
However, prosecuting counsel, Aya Adaye-Orugbani, disagreed. Citing Section 413 of the ACJL, she stated that while death sentences are prohibited for juvenile offenders, the law still permits life imprisonment or other terms deemed appropriate by the court.
Adaye-Orugbani argued that, based on the medical report and the severity of the offence, the convict poses a serious threat to society and should be sentenced to life imprisonment. She maintained that a custodial centre is the only suitable facility to ensure public safety, while allowing for the convict’s treatment if necessary.
Presiding judge, Justice Margaret Opara, described the case as one of the most frightening and horrific she has encountered. She adjourned sentencing to 30 July 2025.
Speaking to journalists after the court session, Deputy Director at the Rivers State Ministry of Justice, Aya Adaye-Orugbani, reiterated her stance.
She explained: “We are here in respect to a murder case that happened in 2018 where the defendant, now convicted, was found guilty of the offence of murder, unlawful sexual intercourse with a child and sexual exploitation and abuse.
“The court, as I stated, has found him guilty but reserved sentence in view of his age at the time he committed the offence.
“The court ordered that a medical or psychiatric evaluation be carried out on him to determine his mental state. And that the report will aid the court in sentencing. So today we came to argue the medical report, which is before the court.
“Well, the report in a nutshell was just to the effect that the convict was diagnosed with schizophrenia, that is all the report said. Also, it suggested he should be brought to the neuropsychiatric hospital, Rumuigbo, for further treatment and evaluation.
My submission to the court was that, in line with section 413, which prohibits the death sentence for a child offender, and that section provides only two options regarding the death sentence, the first being that the convict should either be sentenced to life imprisonment or to any other term of imprisonment as deemed appropriate by the court. However, the submission was that, considering the gravity of the offences committed by the convict, which resulted in the senseless murder of a nine-year-old child, he should be sentenced to life imprisonment.
In fact, the diagnosis of schizophrenia makes him a greater threat to society, and my view was that he should spend more time at the custodian centre, which is the only facility that ensures he does not escape and harm other unsuspecting members of the public. While there, he can also receive treatment if there is anything actually wrong with him.
