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Anthony Iwuoma
One of the accused in the celebrated case of illegal importation of 661 pump action rifles into the country, Chief Donatus Ezebunwa Achinulo, was on Friday discharged and acquitted of all the charges.
Ruling on a no-case submission by the defendants in the case, Justice Ayokunle Faji of Federal High Court, Lagos, discharged and acquitted Chief Achinulo of gunrunning charge preferred against him, Hassan Mahmud, a retired Customs Officer and Salisu Abdulahi Danjuma.
Other accused were Matthew Okafor and Oscar Okafor (now at large) and Hassan Mahmud’s company, Mahmud Hassan Trading Company Limited.
They were accused by the Office of the Attorney-General of the Federation (AGF) of alleged conspiracy, smuggling of 661 pump action rifles, forgery and altering of documents, bribery and importation of prohibited item.
The case has been ongoing for close to three years now. 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 several documentary evidence, which were admitted and marked as exhibits A to R. He closed his submissions last year.
However, 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 are 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.
Arguing further, Ajakaiye stated that none of the prosecution witnesses’ testimonies was hearsay, as claimed by the defendants but rather all evidences given by prosecution witnesses had proved that the defendants were connected to the alleged crime.
He urged the court to dismiss the applications and advised the defendants to open their defence, citing Supreme Court authority on a suit of Ibrahim Kamalu and the State, 2018, NWLR Part 1621.
After the submissions of both the prosecution and defence parties, Justice Faji fixed February 7, 2020, for ruling on the no-case-submission.
When the case came up again as scheduled on Friday, 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.
However, the judge acquitted and discharged the fourth defendant, Donatus Ezebunwa Achinulo, who was represented by his counsel, Mr. Okey Barah.
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 fire arms, 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.
Mahmud Hassan was also accused of offering N400, 000.00 bribe to the Examination Officer of the Federal Operation Unit of the Customs Service, one Aliu Musa, with the intention to avoid 100 percent inspection of a container marked PONU 825914/3. He was also accused of giving another N1 million bribe to a government official at Apapa Port, thorough Danjuma Abdulahi, to subvert examination of the said container.
At the inception of the case, the court had denied the suspects bail, saying the charges bordered on national security but ordered their remand in the custody of Nigerian Correctional Services. However, also the suspects went on appeal and lost, leading to their incarceration in the facility since June 14, 2017.
The trial had gone through all processes until the ruling on Friday, which absolved Chief Achinulo of any culpability and set him free.
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, of the allegations, premising the conclusion on the prosecution’s failure to successfully link him to the charges.
According to Justice Faji: “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 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 third defendant haven’t filed no-case submission.
“The submission failed as regards sixth defendant on counts one, two, three, four, five, six, seven and eight. The sixth defendant shall enter defence as regards to those counts.”
Further hearing on the case comes up on February 21, 26, 27 and March 4.
