Wale Igbintade
Justice Ambrose Lewis Alagoa of the Federal High Court in Lagos yesterday sentenced two businessmen, Ifeuwa Moses and Ayogu James, to two years imprisonment for unlawful importation of 1,570 pump action rifles into the country.
However, the Judge ordered the convicted businessmen to pay fine of N1 million on each of the counts, as fine in lieu of the jail terms.
The Judge gave the judgment based on the plea bargain agreement reached between the office of the Attorney-General of the Federation (AGF) and counsel to the two convicted businessmen, Yakubu Galadima.
The two convicts alongside their company, Great James Oil and Gas Limited, were first arraigned before Justice Salisu Saidu (now retired) sometimes in 2018 on an eight count-charge of conspiracy, unlawful importation of the 1,570 pump action rifles and forgery and uttering of Customs’ import documents.
The offences, according to the prosecutor, Julius Ajakaiye (now late), are contrary to and punishable under Section 3(6), 1(14)(a), 1(14)(a)(i), 1(2)(c) of the Miscellaneous Offences Act Cap. M17, Laws of the Federation of Nigeria, 2004.
As at the time of the convicts’ arraignment, they pleaded not guilty to all the eight counts charge, hence, the presiding Judge ordered that they should be remanded in the prison custody on the ground that the charges against them bothered on ‘national security’.
However, upon the retirement of Justice Saidu, the matter was reassigned to Justice Mohammed Liman, now sitting in another jurisdiction of the court.
Following the transfer of Justice Liman to another jurisdiction of the court, the convicts’ case file was reassigned to Justice Lewis-Allagoa, who started the matter ‘denovo’ (afresh).
Upon their re-arraignment before Justice Lewis-Allagoa, the convicted businessmen, signified their intentions to change their earlier not guilty plea, and they pleaded guilty to the charge.
At the resumed hearing of the charge last Friday, counsel to the convicts, Mr. Yakubu Galadima, informed the court that his clients and the prosecuting ministry have reached a plea bargain agreement.
The terms of the agreement dated and filed April 5, 2024, and endorsed by the convicts and the states are: “That the Office of the Attorney General of the Federation (prosecution), having had due regard to the nature and circumstances of this case in relation to the defendants and the interest of the larger community.
“That the second and third defendant shall plead ‘guilty’ to the offences as stated in the charge. That the second defendant and third defendant undertakes to be of good behaviour.
“Upon conviction by the court, sentencing shall be at the direction of the court. However, the prosecution recommends six (6) years jail term with effect from the date of arrest on all counts count and to run concurrently.”
Aderonke, while announcing her appearance, told the court that the defendants has reached a plea bargain with the federal government and that on the April 22, 2024, when the matter came up for trial, the defendants change their plea from not guilty to guilty on the eight counts amended charge
Based on the plea bargain agreement, Justice Lewis-Alagoa sentenced each of the convicts to six years imprisonment, commencing from the date of arrest.
The Judge, while reading his judgment held that he will be considering the fact that the defendants are first time offenders and the fact that they have being in custody for three years. He, therefore, sentence the defendants to two years imprisonment on each of the eight counts amended charge.
The Judge, however, ordered the convicts to pay the sum of N1 million on each of the counts, while the sentences and the monetary fine shall run concurrently.
