Justice Saliu Saidu of a Federal High Court, Lagos, today, fixed May 5, for the inspection of 1570 pump action gums, which were allegedly smuggled into the country by three businessmen and a company.
The court fixed the date after the fourth prosecution witness in the trial gave his evidence before the court today.
The businessmen who allegedly smuggled the weapons into the country on between September 6 and 20, 2017, are: Ifeuwa Moses Christ, Ayogu Great James, Emeka Umeh Festus, who is at large and a limited liability company, Great James Oil and Gas Limited.
The fourth prosecution witness,
Mohammed Usman Hassan, an Assistant Comptroller of Customs, while being
led-in-evidencr by Mr. Julius Ajakaiye, a deputy director in the Federal
Ministry of Justice, said on October 20, 2017 two containers brought by men of
the NCS Tincan Port Unit, Slaps, Lagos and handed over to him for save keep at
the Custom Bonded Warehouse, Federal Operation, Ikeja, Lagos.
Hassan who is in charge of the Customs Warehouse, Ikeja, Lagos said on 100
percent examination if the first container, it contains among others, 1,100
Pump Action Rifles concealed with sanitary wares like washing hand basins ,
while the second container contained 470 Pump Action Rifles concealed with
Plumbing materials.
The witness said after the 100 percent examination of the containers and the
counting of the guns, he signed a handover note which was tendered and admitted
as exhibit.
After the tendering of the handover note, counsel to the prosecution Mr Julius
Ajakaiye, a deputy director with the Ministry of Justice, made an application
to move the court to the locus sincro ( scene of events) for the court to
inspect the containers and the items physically.
Consequent upon his application, Justice Saliu Saidu adjourned the matter till
May 5, for the court to move to the Locus Sincro.
It would be recalled that at the last adjourned date, the third prosecution
witness, Mr. Ayodele Joseph Rotimi, a Chief Superintendent of Customs
(CSC), who was led in evidence by the prosecutor, told the court how on
September 2017, at about 3 pm a call came through from the the Customs Intelligence
Unit, CIU, that a container was found at terminal B1, of the Tincan Island
Port, Lagos laden with arms and that the Enforcement Unit should mobilised men
and materials to the site.
He said on getting to the place, the container was found opened and that his
team also confirmed that the container actually contained arms.
Ayodele said his team then requested for a letter to be made to the Terminal
Manager to provide logistics to transfer the container to the Enforcement Unit.
Added that the container was subsequently transferred same day at about 6
p.m necessitating the shifting of the 100 percent examination till the next
day.
The witness further stated that during examination, the entire content of the
container was off loaded and stocks taken while the serial numbers of each of
the rifles were taken.
Ayodele said that after the discovery of the arms-laden container, the Customs
observed a trend of containers coming in from Turkey and that this necessitate
the Area Comptroller of Customs directing his men to be on top alert by
ensuring that the manifest of all cargoes from Turkey are properly scrutinised.
The witness said that while keep watching of cargoes coming from Turkey,
another container bearing the name of the first consignee , Great James Oil Gas
Limited was also discovered. He said the country of the two containers was
Turkey, adding that while the first container contained 1,100 Pump Action
Rifles, the second container contained 470 Pump Action Rifles.
Ayodele added that after counting and taking stocks of the items in the
containers with the serial numbers of the rifles written, the Area Comptroller
directed that the two containers be handed over to the Federal Operation Unit
(FOU) of the Nigerian Customs Service, Ikeja, Lagos, where the items in the
containers were recounted and the serial numbers of the rifles re-confirmed and
a handing over and taking over letter was signed.
The Nigeria Customs Services (NCS) through the Office of Attorney-General of
the Federation (AGF) had earlier arraigned three men and a company before the
Federal High Court in Ikoyi, Lagos, for allegedly importing 1,570 pump action
rifles into the country illegally.
They were accused of conspiracy, illegal importation of firearms, forgery and
altering of Customs’ import documents.
The offences, according the prosecutor, Julius Ajakaiye, a Deputy Director in
the Federal Ministry of Justice, are contrary to and punishable under Sections
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.
The accused, however, pleaded not guilty to the charges.
The prosecutor said the defendants conspired among themselves between September
6 to 20, 2017, illegally and unlawfully imported a total of 1, 570 pump action
rifles into Nigeria, through Apapa Seaport, Lagos.
He also told the court that the accused loaded the said 1,570 pump action
rifles in two 1× 20 feet containers marked GESU 2555208 and CMAU 1878178.
Ajakaiye explained to the court that the defendant, in a bid to bring in the
weapons unlawfully, altered and forged a bill of lading, issued in July 28,
2017, to read Guandong, China, instead of Istanbul, Turkey, which was written
on the conveying container.
He added that they also altered Form M (application for Import) and Pre-Arrival
Assessment Report (PAAR), issued in August 28, 2017, with number MF 20170080364
and CN 20170768490/001, respectively, to read Guandong, China instead of
Istanbul, Turkey, as country of origin.
The defendants were also alleged to have altered a forged bill of lading
numbered ISB0281398, issued in July 28, 2017, to read 230 packages of washing
hand basins and W/C, as the content in the container used in shipping the
illegal firearms.
Following the arraignment, the prosecutor urged the court to remand all the
defendants to prison. Although the prayer was opposed by the defence counsel,
but the court ruled in favour of the prosecutor and ordered their remand in
prison, as the charges against them borders on threat to national security.
Dissatisfied with Justice Saidu’s ruling, the defendants headed to Appeal
Court, challenging the ruling but their appeal was dismissed.
