The supreme court has discharged and acquitted Akawu Bala, a sergeant of the Nigerian Army, over an allegation of murder.
Bala, who has been in Kaduna prison since 2012, was sentenced to death for murder by the general court martial of the army.
He was accused of shooting one Isa Mohammed on December 9, 2012, when he was attached to the African Petroleum Station at Sabon Tasha, Kaduna, with an AK47 rifle.
The victim was said to have died on December 10, 2012, at Saint Gerald’s Catholic Hospital in Kaduna.
The accused stood trial before the general court-martial on a two-count murder charge punishable under section 106 of the Armed Forces Act 2014.
He was found guilty and sentenced to death by hanging.
However, on February 17, 2017, the Kaduna court of appeal upheld Bala’s appeal against the death penalty.
The court held that the charge sheet upon which he was tried and convicted was not signed by a general officer commanding (GOC) as required by law.
Obietonbara Daniel Kalo, the judge who read the court of appeal’s lead judgment, declared the process of the trial and conviction of the sergeant a nullity.
However, the court failed to give a consequential order discharging the accused, after which Bala filed an appeal before the apex court on March 16, 2017.
Reuben Atabo, the appellant’s lawyer, had argued that since his client’s trial was declared a nullity, the court of appeal ought to have made a consequential order to discharge him.
The lawyer also drew the attention of the apex court to section 193 of the Armed Forces Act 2014, which he said prohibited the retrial of any military personnel after his trial had been voided and set aside.
But the Nigerian Army, through its lead counsel, Isaac Udoka, opposed Atabo’s position and urged the supreme court to order the retrial of the appellant, in the interest of justice.
Delivering judgment in the appeal marked SC/889/2017 on Friday, a five-member panel of the apex court discharged the convicted soldier.
Helen Ogunwumiju, the supreme court justice, held that the proper thing was to discharge the appellant since his trial and conviction were already voided.
The court added that under section 193 of the Armed Forces Act 2014, Bala can no longer be tried on the same offences.
The court ordered the immediate release of the convict from Kaduna prison.
The sergeant, in his argument, claimed that he shot at the deceased, Mohammed, and one other person in self-defence.
Bala argued that it was dark on the day the incident happened, adding that he had ordered them to go back, but they kept walking towards him.
The soldier noted that he was apprehensive because it was during the peak of the Boko Haram attacks.
