George Oji
24 November 2008
Kaduna — The general court martial trying officers and soldiers involved in illegal sale and possession of arms Saturday concluded its sitting in Kaduna.
The Court presided over by Brigadier General Bala Usara, while rounding off its sittings sentenced two soldiers, Private Caleb Bawa and Lance Corporal Alexander Davou to life jail terms for selling another 101 G3 rifles belonging to the Nigerian Army to the Henry Okah-led Movement for the Emancipation of the Niger Delta (MEND).
The court valued the arms and military rifles sold by the convicted soldiers to the MEND in September last year at N800,000.
The Court found out that the arms were sold to the Niger Delta militant group through one Sunny Bowei Okah, brother to the leader of MEND, Henry, who is currently standing trial before a Federal High Court in Jos for alleged gunrunning.
The two soldiers, Bawa (96/NA/43/8839) and Davou (79/NA/45/4618), were also part of the six army personnel jailed for life by the same Military Court last Monday for arming the militants. They also included an officer, Major Suleiman Alabi Akubo, who also bagged an additional 15-year jail term on Friday for another charge of illegal possession of prohibited firearm.
They were brought before the GCM again on Saturday charged with a fresh six-count charge of criminal conspiracy, criminal breach of trust, illegal dealings in firearms and aiding the enemies of the Nigerian state. All the offences are punishable under Sections 97(1) and 315 of the Penal Code and triable in a court martial by virtue of Sections 114 (1) and 45(2d) of the Armed Forces Act, Chapter A20 Laws of the Federation of Nigeria 2004.
The prosecution told the court that rifles were stolen from the arms shed of the One Ordinance Sub-depot, Jaji by the second accused person who was arrested by the operatives of the State Security Service while transporting the guns towards Kaduna in company of the others now at large. The second accused was said to have aided the first accused in committing the crime.
Before delivering judgment, President of the GCM, Brig. General Bala Usara reviewed the arguments of both the prosecution and the defence counsel.
Accordingly, the Court sentenced Bawa and Davou to 10 years imprisonment on count one while only Bawa bagged additional 10 years on count two. The two soldiers also got five years imprisonment each on counts three and four while they bagged life imprisonment on count five. Davou also got another two years for conduct prejudicial to service discipline, aiding, abetting and instigating the offence of criminal breach of trust committed by Bawa in count two. They were however discharged and acquitted on count six.
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