A Federal High Court, Lagos on Monday ordered an
Iranian, Azin Aghajani, and his Nigerian co-accused, Ali Jega, to open their
defence in the charge of illegal importation of arms and ammunition preferred
against them by the Federal Government.
The accused were said to have been arrested in
Lagos in July 2010 with a consignment of a container loaded with arms and
ammunition, comprising bombs, grenades and rockets imported from Iran.
Justice Okechukwu Okeke, in a ruling, ordered
them to open their defence after he struck out their application for a no-case
submission.
Through their lawyers — Chris
Uche (SAN) and M. Yawuri — Aghajani, Jega had filed a no-case submission after
the prosecution closed its case with nine witnesses.
They had insisted in their application that the
evidence led by the prosecution failed to prove the alleged crime against them.
Okeke said though, the court could not at that
stage give full details of the case, there was “copious” evidence, according to
the testimonies of the third and fifth prosecution witnesses, linking the
accused with the alleged crime.
He said there were “grey areas”which the accused
need to clarify.
Okeke said, “Out of the nine witnesses, I wish to
be single out the third and fifth prosecution witnesses who gave copious
evidence linking the accused with the goods and it is a matter to be
concluded at the trial.
“The prosecution has made out its case and the
court will not take the risk of going into the full details of the case until
the close of the case.
“The no case submission hereby fails.”
The prosecution, represented in court on Monday
by Maduako Livingstone, had insisted that with the testimonies of its nine
witnesses, prima facie case had been proved against the accused.
The third prosecution witness referred to by the
judge was one Mohammed Umar, who in his testimony, said he was “a brother and
friend” to the second accused person, Jega.
He had said Jega was the one who introduced him
to the first accused person, Aghazani, informing him of the consignment that
was being expected from Iran.
The fifth prosecution witness, Kingsley Nduka,
was the clearing agent paid to clear the consignment.
In the four counts preferred against the accused,
the Federal Government alleged that they “without licence imported into Nigeria
a consignment of 13-by-20 feet containers loaded with firearms and ammunition
prohibitted from importation under section 18 of Firearms (Special Provision)
Act.”
They were also said to have “recklessly”
made a false declaration that the container was loaded with glass, wool and
pellets of stones on the original bill of lading.
The matter was adjourned till November 19.
The Punch
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