By Onyewuchi Ojinnaka (Senior Correspondent)
Justice Ayotunde Faji of a Federal High Court Lagos has adjourned till March 19, 27-29 the trial of four persons who were charged to court over alleged unlawful importation of 661 sophisticated Pump Action rifles in December 2016.
The adjourment was sequel to a request by Yakubu Galadima, counsel to the first and second accused persons, when he notified the court that he was indisposed health-wise to continue with the trial when the case billed for continuation of cross-examination was called up on Wednesday February 21.
The accused persons, Mahmud Hassan Trading Company; its Managing director and Chief Executive Officer, Mahmud Hassan and Salisu Abdulahi Danjuma, alongside Oscar Okafor, Donatus Ezebunwa Achinulo and Matthew Okoye, said to be at large, are standing trial before Justice Faji on charge bordering on illegal importation of firearms, conspiracy, forgery and altering of documents, offering of graft to government officials and importation of prohibited goods.
According to the prosecutor, Mr. Julius Ajakaiye, the said offences are contrary to and punishable under Sections 3(6),1(14)(a)(I) 1(2) of the Miscellaneous Offences Act Cap. M17, Laws of the Federation of Nigeria, 2004. And Section 98(1) (b) of the Criminal Code Act
At the resumed hearing of the matter on Wednesday, February 21, which was supposed to be for cross-examination of the prosecution’s witness, Jaiye Emmanuel, an operative of Department of State Security (DSS), Mr. Yakubu Galadima, counsel to Mahmud Hassan Trading Company, and its Managing Director/Chief Executive Officer, Mahmud Hassan, told the court that he is not in good state of health to cross-examine the witness. He therefore pleaded with the court for a short adjournment.
As was expected, lawyers to other accused persons who are Dr. Paul Ananaba (SAN) O. Adeniyi, and A. H. Ibrahim, as well as the prosecutor, Julius Ajakaiye, conceded to Galadima’s request.
While conceeding to Galadima’s request, Ananaba (SAN) consciously urged the court for clear dates, so that the witness can be cross-examined and for further trial of the accused persons.
Consequent upon Galadima’s request which was not objected to by either of the parties, the presiding judge adjourned the matter till March 19, 27, 28 and 29, for cross-examination of the witness and continuation of trial of the accused persons.
It would be recalled that at the last hearing of the matter, the second accused, Mahmud Hassan, a retired Assistant Comptroller of Customs (ACC), in a video recorded March 27, 2017, between 14 00 hour and 14.40 hours, told the court how he paid the sum of N1 million to the operatives of DSS and other security agencies at the Apapa Port, to facilitate the clearance of the illegal arms.
Giving the details on how the N1 million was shared among the officials of DSS and others, the retired Customs Officer said: ” The examiners were given N200,000, C.I.O. N100,000, Enforcement N200,000, Police, SSS, between N20,000, N25,000, and N30,000, the two gates N200,000, Exit gate N20,000, and final gate N50,000″.
Hassan had also told the court in the video that he initially charged the importer of the illegal arms N3.8 million, but later raised the money to N4 million when he was informed that the goods are not only steel doors but also contained the illegal 661 sophisticated pump action guns.
All the accused persons except Matthew Okoye, who is said to be at large, were first arraigned before the court on June 14, 2017, on offences which bordered on illegal importation of fire arms, conspiracy, forgery and altering of documents, offering of graft to government officials and importation of prohibited goods.
The Attorney-General of the Federation in charge number FHC/L/190c/17, alleged that all the accused persons conspired with one another to illegally import into Nigeria 661 Pump Action Rifles.
They were also alleged to have forged the documents which
includes: two Bill of Ladings, one reads ‘Shanghai China’, as Port of Loading, instead of ‘Istanbul’, and another one which reads: ‘Steel Doors’, as the contents of the container instead of Customs’ Form M, Pre-Arrival Assessment Report (PAAR) used in smuggling the the said 661 rifles into the country.
In particular, the one of the Customs Officials, Mahmud Hassan, was alleged to have corruptly offered the sum of N400, 000.00, to one Aliu Musa, the Examination Officer of the Federal Operation Unit of the Customs Service with an intent to prevent hundred percent search on a container marked PONU 825914/3, which was used in bringing into the country the said arms.
Furthermore, he was alleged to have corruptly gave the sum of N1 million to Government officials at Apapa Port, through his colleague, Danjuma Abdulahi, in order to prevent the searching of the said container used in importing the said 661 Pump Action rifles unlawfully into the country.