A Federal High Court sitting in Lagos on Friday have convicted and sentenced a retired Customs Officer, Mahmud Hassan, and two others, to a total of 16 years Imprisonment, for Conspiracy and unlawful importation of 661 pump Action rifles, unlawful importation of prohibited firearms, forgery, uttering of forged documents, and bribery.
First defendant a retired Customs Officer, Mahmud Hassan and two others, to a total of 16 years Imprisonment each, for Conspiracy and unlawful importation of 661 pump Action rifles, forgery and bribery.
Others convicted and sentenced to jail terms by Justice Ayokunle Faji led-court are; Oskar Okafor and Mahmud’s company, Hassan Trades Limited.
Justice Faji, however, acquitted and discharged Abdulahi Danjuma of all the charges yesterday
The judge had on the 7th of February last year discharged and acquitted one of the defendants Mr Donatus Ezebunwa Achinulo on no-case submission stage in February 7th of February, 2020 as no basis for joining him in the charge as no link was established between him and the importation of the firearms
Justice Ayokunle Faji delivered the verdict after reading judgement five hours in a trial that lasted almost four years in the course of which the first prosecutor, Mr Julius Ajakaye and one of the defence counsel, Adamu Ibrahim passed on.
Justice Faji while delivering judgment in a charge brought against the convicts, on count two of the offence of illegal importation of 661 pump Action rifles into the country and sentenced them to eight years Imprisonment each on the said count.
On count one which was on conspiracy, Justice Faji found the first, second and third defendants guilty and also sentenced them to eight years imprisonment each.
The judge also ordered the forfeiture of the properties of the convicts to the Federal Government of Nigeria as provided for by the law under which they were charged. While also ordered that the company, Hassan Trading Limited, be used as vehicle to smuggle, be windup and assets forfeited to FG.
Justice Faji however, discharged and acquitted the fifth defendant.
while delivering the judgement, Justice Faji said the offence committed by the convicts touches on the security of the country. Adding that although the relevant provisions of the law for the offence which they were charged and convicted prescribed life Imprisonment, but said the court however, has discretion.
The trial judge said he would refrain from given a maximum punishment, but that the convicts must be made examples to serve as a deterrent for other would-be criminals.
Justice Faji particularly frowned at the conduct of the second Convict, a retired Customs Officer, saying that if the container was not intercepted and the guns fell into the hands of criminals in the society that the negative effect can only be imagined’.
The convicts were arraigned before the court, for allegedly importing 661 pump-action rifles into the country.
The convicts, who were arraigned before Justice Ayokunle Faji are Mahmud Hassan, Oscar Okafor, while the fifth defendant, Matthew Okoye, was said to be at large.
In the charge, the Attorney General of the Federation and Minister of Justice, said the accused brought the rifles from Turkey through the Apapa Port in Lagos.
He added that they were imported in a 40-feet container, which they falsely claimed to be steel doors.
The convicts were also alleged to have forged number of documents, including a bill of lading, a Form M and a Pre-Arrival Assessment Report to facilitate the Smuggling of the said rifles.
According to the prosecution, they also forged a bill of lading issued at Istanbul on January 9, 2017, falsely claiming that it was issued at Shanghai, China.
He said their intention was to evade the payment of customs duty by filling “steel door” as the content of the container instead of rifles.
They were also said to have allegedly offered a bribe of N400, 000, 00, to an official of the Nigeria Customs Service (NCS) attached to the Federal Operative Unit to avoid a “100 per cent search on the container with number PONU 825914/3.”
The prosecution also alleged that the first Convict, Hassan, corruptly gave N1million to government officials at the Apapa Port to prevent the search by customs officials.
In the last count, AGF accused the convicts, had between 2012 and 2016 illegally imported several double-barreled shotguns, pump-action rifles and single-barreled shotguns into the country through Lagos, without lawful authority.
They, however, pleaded not guilty when the charges were read to them.
The judge said the sentence shall run concurrently, the convicts were convited on count one and two other counts struck out