Supreme Court Set free Lebanese Man jailed for Importation of illegal Arms

                       

Lebanese man Mr Talal Ahmad Roda jailed for life for unlawful importing and storage of prohibited  arms in kano have been set free.
The supreme court said the Federal high court in Abuja have no jurisdiction to conduct the trial,this decision have made those involved escape punishment despite the fact that importation of illegal firearms and possession is an offence.
Justice Musa Mohammed in his judgement, back by 4 other judges said since the offence was committed in kano the suspect should have be tried in Kano Federal High court.


Justice Musa Said

"In my considered view, the decision of the Abuja Division of the trial court to try an offence which took place in Kano and bears no relationship whatsoever with the offence in Abuja having not stemmed from any provision of the enabling statutes, is manifestly perverse.

"By virtue of Section 45(a) of the FHC Act and the similar provisions contained in section 64 of the Criminal Procedure Act, the appellant could only be tried by the Kano division of the trial court within which territorial expanse the offence was committed.

"The absence of any evidence to suggest any understanding between the appellant and others in Abuja or a link between the storage of the firearms at Kano and those in Abuja further disentitle the Abuja Division's assumption of jurisdiction under sections 45(b)-(e) of the FHC Act and or the similar provisions in the criminal Procedure Act."

His Lordship also held that Roda was not charged under any known law. According to him, the offence of conspiracy is not contemplated under Section 1(14) (a)(i) of the Miscellaneous Offences Act Cap M17 Laws of the Federation 2004.

Justice Muhammad said: "It is trite that where the prosecution fails to charge an accused person for an offence known to law, an appeal against condition under the incompetent charge will succeed.

"In the sum, the appeal succeeds. The proceedings of the lower court and that of the trial court it purports to affirm are hereby set aside. The conviction and sentence of the appellant, consequentially are hereby quashed

Source ThisDay