A Federal High Court in Lagos has discharged and acquitted one Donatus Ezebunwa Achinulo who was allegedly accused with others of conspiracy, smuggling of 661 pump action rifles, forgery and altering of documents, bribery and importation of prohibited items.
The suspects, Hassan Mahmud, a retired Customs Officer, Salisu Abdulahi Danjuma and Donatus Ezebunwa Achinulo, who were facing trial before Justice Ayokunle Faji since 2017 had pleaded no-case submission on the grounds that the prosecution had not been able to link them to the crime.
Other accused persons were Matthew Okafor and Oscar Okafor (now at large) and Hassan Mahmud’s company, Mahmud Hassan Trading Company Limited.
The Office of the Attorney-General of the Federation (AGF) and Minister of Justice had dragged the accused to court over alleged illegal importation of firearms, conspiracy, forgery and altering of documents, offering of graft to government officials and importation of prohibited goods contrary to and punishable under sections 3(6), 1(14)(a)(I) 1(2) of the Miscellaneous Offences Act Cap. M17, Laws of the Federation of Nigeria, 2004. And section 98(1) (b) of the Criminal Code Act.
According to the prosecutor, Mr Julius Ajakaiye, in a charge number FHC/L/190c/17, alleged that the accused conspired with one another to illegally import into Nigeria 661 Pump Action Rifles.
They also allegedly forged the documents, including two Bills of Lading, bearing ‘Shanghai China’, as Port of Loading, instead of ‘Istanbul’, and ‘Steel Doors’, as the contents of the container instead of the real contents and also Customs’ Form M, Pre-Arrival Assessment Report (PAAR) used in smuggling the said 661 rifles into the country.
The prosecutor, Mr Julius Ajakaiye, a Deputy Director in the Federal Ministry of Justice, had called nine witnesses in the course of the trial and tendered documentary evidence, which was admitted and marked as exhibits A to R and had closed his submissions last year 2019.
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The defendants pleaded not guilty as charged and filed a no-case submission, which was heard penultimate week. The defence counsels, Mr Yakubu Galadima, Ibrahim Adamu and O. Barah, urged the court to quash the charges against their clients, arguing that the prosecution had been unable to connect them with the charges.
Furthermore, they contended that neither the exhibits presented nor the prosecution witnesses could establish or prove the case against their clients, describing most of the evidence of the witnesses against their clients as mere hearsay that is not admissible in court.
But Mr Ajakaiye disagreed with the defendants’ no-case-submission, and pleaded with the court to dismiss the application, stating that the prosecution had successfully established a prima facie case against all them.
When the case came up again as scheduled, on Friday, February 7, Justice Faji dismissed the no-case submission, filed by Hassan Mahmud and two others, including Salisu Abdulahi Danjuma and Hassan’s company, Hassan Mahmud Trading Company Limited.
In her ruling on the no-case submission plea of the accused, Justice Faji held that the prosecution had convincingly established a prima facie case against the first, second and sixth defendants, who were Hassan Trading Company Limited, Hassan Mahmud.
However, Justice Faji acquitted and discharged the fourth defendant, Chief Donatus Ezebunwa Achinulo represented by his counsel, Mr Okey Barah of the allegations on the grounds that the prosecution failed to successfully link him to the charges but insisted that the others had a case to answer and would continue to face trial.
Justice Faji said: “The prosecution by the evidence of the witnesses has successfully established prima facie case against the first, second and sixth defendants in counts one, two, three, four, five, six, seven and eight.
“Count nine relates to the illegal importation of double-barrel guns, short guns and pump-action riffles. There is no evidence showing the particular Act of illegal importation, there is also no evidence linking the first, second and sixth defendants to the charge.
As regards count nine, therefore, the names of first, second and sixth defendants are hereby struck out. The no case-submission, therefore, succeeds by the fourth defendant in relations to count nine, which, incidentally, is the only count linking the fourth defendant to the charge mentioned.
“As regards the amended charge filed on April 4, 2019, the name of the fourth defendant is hereby struck out and the fourth defendant is hereby discharged and acquitted.
“The no-case-submission, therefore, succeeds as regards the first, second and sixth defendants only in count nine. The names of the first, second and sixth defendants are hereby struck out in count nine and discharged and acquitted as regards to the count.
“Count nine itself is hereby struck out as regards the first, second, third and sixth defendants only. And the third defendant hasn’t filed a no-case submission.
“The submission failed as regards the sixth defendant on counts one, two, three, four, five, six, seven and eight. The sixth defendant shall enter defence as regards to those counts,”
The other suspects will now continue to face their trial and open their defence on February 21, 26, 27 and March 4.
and then