Daily Independent (Lagos)
19 November 2008
On Tuesday, the General Court Martial (GCM) in Kaduna sentenced to life imprisonment Major Suleiman Alabi Akubo and five other soldiers for selling arms to the Movement for the Emancipation of the Niger Delta (MEND).
The others are Sergeant Matthias Peters, Lance Corporal Alexander Davou, Lance Corporal Moses Nwaigwe, Lance Corporal Nnamdi Anene and Private Caleb Bawa.
Kola David and Aliyu Mohammed, who were tried along with the convicted officers, were demoted from the rank of Corporal to Private.
The GCM said those convicted sold weapons between January 2000 and December 2006 stolen from the depots of the Army located at the Command and Staff College, Jaji and the One Base Ordnance, Kaduna to the MEND through Sunny Okah, brother of a leader of the MEND, Henry Okah, currently standing trial for treason and gun running.
The President of the GCM, Brigadier General Bala Usara, ruled that the soldiers, led by Major Akubo, stole and sold more than 7,000 weapons worth about N100 million.
Sunny Okah was the lead prosecution witness and is likely to face trial in a Federal Court since he is not in the military.
"This should serve as a deterrent to others who are contemplating following in their footsteps," said Army Spokesman, Brigadier General Emeka Onwuamaegbu.
Meanwhile, hearing in the case against Henry Okah at the Appeal Court in Jos has been stalled by the sudden illness of one of the three Justices handling it.
Okah faces 62 charges.
His lead counsel, Femi Falana, accompanied by Wilson Ajuwa, had urged the court to order a stay of proceedings at the Federal High Court, Jos, which ruled on April 22 that the trial should continue in camera.
An affidavit sworn to by Olusola Egbeyinka, a lawyer in Falana's chamber, sought an order extending the time within which Okah may apply for leave to appeal against the decision of Justice Stephen Adah of the Federal High Court, Jos.
It sought an order directing a departure from the rules of the court "directing that the appeal be heard upon the bound 'bundle of documents' titled 'Record of Proceedings' in charge No. FHC/ABJ/CR/178/2007 attached to the affidavit."
It also requested an order staying further proceedings pending the final determination of the appeal.
In his counter affidavit, the DPP, Salihu Aliyu, said he received a letter from Falana requesting him to submit a prepared notice of appeal, which he (Aliyu) forwarded to the Director General of State Security Services (SSS) to facilitate the signing of the document.
Aliyu explained that when he presented the notice of appeal to Okah on May 9, the man declined to sign it on the grounds that he needed the advice of Falana.
Therefore, Aliyu stressed, "paragraph 23 of the affidavit in support is false and calculated to mislead this court."
The paragraph was to the effect that Okah was compelled to withdraw the application for leave to appeal pending before the lower court.
Aliyu also announced that hearing in the substantive case of treason adjourned to November 21 to observe if Okah has been treated for kidney complications would not hold because he (Aliyu) would not be available.
It now comes up on December 4, a date Falana agreed to.
By Sukuji Bakoji (Kaduna), Olusola Balogun (Lagos) and Onoja Audu (Jos) (With Agency Report)
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