A Federal High Court in Lagos yesterday rejected a plea by one
of the men charged with illegally importing of 661 pump action
rifles, Oscar Okafor, seeking leave to attend his mother’s
burial.
Justice Ayotunde Faji dismissed the motion on the ground that
the charge against the applicant affects national security and was
above other interests. Okafor’s co-defendants are: Hassan Mahmud,
Salisu Abdulahi Danjuma and a company, Mahmud Hassan Trading
Company Limited.
Two other defendants – Donatus Ezebunwa Achinulo and Matthew
Okoye – are said to be on the run. The defendants are standing
trial on a charge of illegal importation of fire arms, conspiracy,
forgery and uttering of documents, offering gratification to
government officials and importing prohibited goods.
They were arraigned on June 14, 2017, by the Office of the
Attorney-General of the Federation (AGF) on a charge.
According to the prosecutor, Mr. Julius Ajakaiye, the offences
contravened sections 3(6),1(14)(a)(I) 1(2) of the Miscellaneous
Offences Act, 2004, and Section 98(1) (b) of the Criminal Code Act.
At the resumption of proceedings yesterday, Okafor’s counsel, G. O.
Balogun, who represented by Mr. Rotimi Jacobs (SAN), informed the
court of his client’s motion for bail to enable him partake in his
mother’s burial.
But the court reminded him that Okafor – unlike the other
defendants – never appealed an earlier ruling which dismissed bail
the applications filed by all the defendants.
When Balogun pleaded with the court to grant the application on
passionate ground, prosecuting counsel, Mr. Ajakaiye, opposed him,
saying: “There is no sentiment in law.”
Ajakaiye also reminded the court that the applicant did not file
a no-case submission after the prosecution closed its case.
He urged the court to dismiss Okafor’s motion.
In a Bench ruling, Justice Faji held: “This court in its
previous ruling dismissed the bail applications of all defendants
on ground of national security.
“This instant motion has not shown any circumstance overriding
national security; the application seems sentimental.
“The third defendant did not file any no-case submission after
the prosecution closed its case, meaning that he has a case to
answer.
“Consequently, this application is hereby dismissed.”
The judge fixed October 21 for argument and adoption on the
no-case submission filed by the other defendants.
The 661 pump action riffles were intercepted by the Nigeria
Customs Service (NCS) on January 23 on the Mile 2-Apapa Road,
Lagos. They were allegedly concealed in a truck that was also
carrying steel doors and other goods.
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