SAN FRANCISCO, January 30, (THEWILL) – Freedom, Friday, came the way of a Lebanese, Mr. Talal Ahmad Roda, who was convicted and sentenced to life in prison for illegal arms importation and storage of prohibited firearms in a warehouse in Kano last year.
The Supreme Court which ordered Roda’s release, also quashed his conviction and sentence after holding that the Federal High Court in Abuja which convicted him last year had no jurisdiction to do so.
THEWILL recalls that Roda, was on November 29th, 2013 sentenced to life imprisonment by a Federal High Court sitting in Abuja, having been found guilty of conspiracy.
But on Friday, Justice Musa Muhammad, who delivered the apex court’s lead judgement, set aside the sentence and conviction , saying since the alleged offences were committed in Kano, the trial ought to have taken place at the Kano division of the Federal High Court.
According to Justice Muhammad, who led four other Justices of the court at the session, 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.”
Also declaring that Roda was charged under any known law, Justice Muhammad said 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.
According to him, “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.”
The charge upon which Roda was convicted by the trial judge had read: “That you Mustapha Fawaz, 49, male, lebanes citizen of Wonderland Amusement Park Resort, No 1, Kukwaba hills, Opp National Stadium, Abuja, and you Abdallah Thahini, 48, male, Lebanese citizen of, end of Audu Bako Way, Kano, you Talal Ahmad Roda, 51, male, Lebanese citizen of No 3 Gaga Road, Kano, conspired with one Abdalhassan Tahir, Ghazi Kassim and others (now at large) between February 1988 and March 2008 in Kano and Abuja with the jurisdiction of the court unlawfully store in House No 3 Gaga Road, Kano prohibited firearms including but not limited to the following (a) 11 Anti-Rockets (16mm), (b) 2 mortals (81mm), (c)4 landmines, (d) 21 rocket propelled grenade launcher with their chargers (e) 1 rocket propelled grenade launcher and others and you thereby committed an offence punishable under section 1 (14) (a) (i) of Miscellaneous Offences Act Cap M17, LFN 2004.”
The trial judge had earlier discharged and acquitted Roda’s co-conspirators, Mustapha Fawaz and Abdallah Thahini, on the 16-count charge filed against them.
The court also discharged Amigo supermarket and Wonderland Amusement Park “as no concrete evidence was established against the two organisations linking them with terrorism.”
The trial judge, Justice Adeniyi Ademola, held that the prosecution failed to prove beyond reasonable doubts that the discharged persons were terrorists.
He further held that going by Nigerian law, it had not been established that the Lebanese militant group, Hezbollah, was a terrorist organisation and that the court could not hold to the contrary.
Justice Ademola who reviewed all the 16 charges preferred against the three Lebanese, freed Fawaz and Thahini while Roda was convicted on Count 8 and 9 which bordered on conspiracy.
The court however noted that some aspects of the investigation were shady.
The judge also held that the prosecution failed by the evidence brought before the court to establish a case of terrorism against the accused persons.
Specifically, the court held that the ammunition seized from No 3 Gaya Road, Kano ought to have been brought to the court or the photographer who took the picture should have been brought to the court.
The judge said that better still, the prosecutor should have brought an application to move the court to the site in Kano.
The court held that failure to do this by the prosecution made the evidence brought inadmissible.
The judge also noted that the witness brought by the prosecution who conducted the search confessed that he was neither a forensic nor a ballistic expert.
The court further ordered that both Amigo Supermarket and Wonderland Amusement Park, all in Abuja be unsealed with immediate effect.
He added that the US$61,170 seized from the 2nd accused be returned to him and that all other personal properties seized from the discharged persons and their relatives be returned to them forthwith.
It will be recalled the Federal Government had on July 29 arraigned the accused persons for terrorism and over link with Hezbollah military group.
They were also accused of act of terrorism and illegal firearms after a large arms cache was discovered in the residence linked to the suspects in Kano.
They were further accused of plotting attacks against Western and Israeli targets in the country. They had all pleaded not guilty.
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