The Supreme Court has discharged and acquitted Sergeant Akawu Bala, who has been on death row for more than 12 years.
The Nigerian Army’s General Court Martial convicted Bala, who was imprisoned in Kaduna, to death for murder.
The Nigerian Army accused him of shooting one Isa Mohammed with an AK47 weapon on December 9, 2012, while attached to the African Petroleum Station in Sabon Tasha, Kaduna.
The gunshot victim was reported to have died on December 10, 2012, at Saint Gerald’s Catholic Hospital in Kaduna.
Following his indictment, he was tried before the General Court Martial on a two-count murder accusation under Section 106 of the Armed Forces Act of 2014.
Following the hearing, the military court convicted him and condemned him to death by hanging. However, on February 17, 2017, the Kaduna Division of the Court of Appeal upheld his appeal against the death punishment. The appellate court determined that the charge sheet on which he was tried and convicted was not signed by a General Commanding Officer, as required by law.
Justice Obietonbara Daniel Kalo, who read the Court of Appeal’s lead judgement, ruled the trial process and the Sergeant’s conviction null and void, but refused to discharge him from the voided trial, paving the way for a further appeal to the Supreme Court.
On March 16, 2017, a 5-man panel of Supreme Court Justices discharged the appellant in a unanimous ruling after hearing his appeal.
His lead counsel, Mr. Reuben Okpanachi Atabo, SAN, contended that because his client’s trial had been deemed null and void, the Court of Appeal should have issued a subsequent decision to dismiss him. The senior counsel drew the supreme court’s attention to Section 193 of the Armed Forces Act 2014, which he claimed banned the retrial of any military soldier whose trial had been annulled and set aside.
The Nigerian Army, through its lead counsel, Mr. Isaac Udoka, challenged Atabo’s position and requested the Supreme Court to approve the appellate retrial in the interest of justice.
Justice Helen Ogunwumiju of the Supreme Court ruled on the appeal dated SC/889/2017 that it was proper to discharge the appellant because his trial and conviction had previously been nullified.
As a result, Justice Ogunwumiju invoked section 193 of the Armed Forces Act 2014 and released the convict, emphasising that the ordinary sense of the section was that the appellant could no longer face further trial on the charge against him.
She, therefore, ordered the convict’s immediate release from Kaduna Prison, where he had been on detention since 2012. Aside from Justice Ogunwumiju, other Supreme Court Justices who agreed with the lead judgement included Uwani Musa Abba Aji, Chidiebere Nwaoma Uwa, Stephen Jonah Ada, and Abubakar Sadiq Umar.
Sergeant Bala claimed in his defence that he fired gunshots at the deceased, Mohammed, and one other person as they approached him in the dark at the African Petroleum Station. He told the court that his command for them to return was ignored, forcing him to fire at them before they could apprehend him.
The defendant stated that he discharged the gun at the two guys because it was the height of Boko Haram activity in Kaduna, and that he grew concerned when the duo continued to approach him in the dark despite his repeated warnings to turn back.
Key aspects of this case include:
1. Procedural Errors: The Court of Appeal identified that the charge sheet was not signed by a General Commanding Officer, as required by law.
2. This procedural flaw rendered the trial and subsequent conviction null and void, underscoring the necessity for strict compliance with legal protocols in military trials.
3. Legal Interpretation: The Supreme Court invoked Section 193 of the Armed Forces Act 2014, which prevents the retrial of any military personnel whose trial has been annulled. This interpretation is crucial in safeguarding the rights of accused individuals and preventing potential abuses within the military justice system.
4. Context of the Incident: The context provided by Sergeant Bala, citing the height of Boko Haram activities and his perceived threat, adds complexity to the case. It illustrates the challenging environments in which military personnel often operate and the split-second decisions they must make.
5. Justice System Integrity: The decision reflects the judiciary’s role in correcting miscarriages of justice and ensuring that procedural fairness is upheld, even in military contexts. It also highlights the checks and balances within the Nigerian legal system to prevent wrongful convictions.
