By Jude-Ken Ojinnaka
A Federal High Court sitting in Lagos on Friday convicted and sentenced an American marine officer Donn Perkins to six months imprisonment for unlawful importation of firearms into Nigeria
Justice Abimbola Awogboro pronounced the jail term for the American following his change of plea to the charges preferred against him last week Wednesday. The American convict was first arraigned before the court on May 25, on a four-count charge of unlawful importation of the prohibited firearms and he had pleaded not guilty.
According to the charge filed by the prosecutor, Mrs. Kehinde Bode-Ayeni, the American who claimed to be a Marine Officer in America, was arrested with the firearms, sometimes in February 2023, at the Tin-can Island port, Apapa, Lagos.
Some of the arms and ammunition which the convict was arrested with were; one piece of 5.56mm AK47 styled rifle (Tavor) serial No.1452 with three magazines and one drum, one piece of AK47 7.62mm variant serial No: 9335724 with four magazines, Ruger magnum 357 Revolver with serial No. 17819337, Ruger 380 pistol with serial No; 79047837 and XD 45 pistol with serial No. BY558431 and two magazines.
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Others include; a total of 1,064 rounds of 5.56mm live ammunition, 119 rounds of 357mm live ammunition, 62 rounds of 32mm automatic ammunition, 29 rounds of 9mm live ammunition, 25 rounds of AK47 7.62mm special live ammunition, 39 rounds of 22mm live ammunition, 47 rounds of 45mm automatic live ammunition, 1 round of 40mm live ammunition and 54 rounds of 380mm Ruger live ammunition.
According to the prosecutor, the arms and ammunition were concealed in a 1x20ft Container No: TGHU0S010362 and illegally brought them into the country through Tin-Can Island, Apapa, Lagos.
The prosecutor told the court that the offence committed by the convict contravened Sections 18 and 19 of the Firearms Act, Cap F28, Laws of the Federation of Nigeria 2004 (As amended), and punishable under Section 27 (1) (a) (lil) of the same Act.
The convict had pleaded not guilty when he was arraigned and following the arguments canvassed on his bail application by his counsel and the prosecutor, the court ordered for accelerated hearing of the matter, while also remanded him in custody.
However, at the resumed hearing of the matter last Wednesday, Donn Perkins signified his intention to change his plea. Following his intention, the court ordered that the charges be re-read to him, so that his plea can be taken again. When the charge was re-read to him, he pleaded guilty to all the counts.
Consequent upon his ‘guilty’ plea to the charge, the prosecutor, called a witness, who narrated how the convict was arrested with the prohibited weapons, and tendered all the confiscated weapons.
Consequently, owing to his plea, coupled with the testimony of the witness and exhibits tendered, the prosecutor urged the court to convict and sentence him in accordance to Section 356(e) of the Administration of the Criminal Justice Act (ACJA) 2015.
However in his allocutus, the defence counsel urged the court to be lenient with his client, having pleaded guilty to the charge without wasting the time of the court.
He said: “the convict has pleaded guilty to the offence of not declaring his firearms, thereby not wasting the time of the court.
“I humbly submit that the convict is a 38 year-old US citizen, who decided to trace his root back to Nigeria and he was misguided. While ignorant of law is not an excuse, in fact, he is a US Marine, who procured required permit to have these firearms.
“His failure to declare the weapons has made him to lose his family, as his wife is now filing a divorce due to this charge.
“I urge the court to take into consideration the six months spent in custody.”
Also, the convicted American, while begging the court for leniency said: “I just want to use the weapons to protect myself and my family, that is how we were trained in US.
“I came in last year, spent three weeks, then, I came back this year. I just don’t know how to go about it in getting it registered.
“I urge the court to show me mercy, I don’t have any negative intent, and if I have may God strike me dead. I just bring it in to protect myself and my family.”
In sentencing the convict on Friday, Justice Awogboro after legally weighing all the submissions made by parties, and citing plethoras of legal authorities, sentenced the convict to six months imprisonment.
The judge pronounced that the period of the jail-term commences from the date the convict was arrested.
