The Supreme Court of Nigeria has overturned the death sentence imposed on Army Sergeant Akawu Bala, who had been convicted of murder by a General Court Martial.
The ruling, delivered on March 16, 2017, saw a five-justice panel unanimously discharge and acquit Bala after he spent 12 years in Kaduna prison awaiting the ratification of his death sentence.
Sergeant Bala had been accused of fatally shooting Isa Mohammed on December 9, 2012, while on duty at the African Petroleum Station in Sabon Tasha, Kaduna.
The incident, which resulted in Mohammed’s death the next day at Saint Gerald’s Catholic Hospital, led to Bala’s trial and conviction for murder under Section 106 of the Armed Forces Act 2014.
Background
On December 9, 2012, at the African Petroleum Station in Sabon Tasha, Kaduna, Sergeant Bala, who was attached to the station at the time, was accused of shooting Isa Mohammed with an AK-47 rifle.
The shooting took place during a period of heightened security concerns due to Boko Haram activities in the region.
According to Sergeant Bala’s account, he fired the shot when Mohammed and another individual approached him in the dark.
Bala claimed that he ordered them to stop and go back, but they refused to comply. Fearing for his safety and suspecting a potential Boko Haram attack, Bala fired his weapon.
The victim, Isa Mohammed, was rushed to Saint Gerald’s Catholic Hospital in Kaduna but succumbed to his injuries the following day, December 10, 2012.
Following the incident, the Nigerian Army initiated disciplinary action against Sergeant Bala. He was charged with murder, an offense punishable under Section 106 of the Armed Forces Act 2014. The case was brought before a General Court Martial, where Bala faced a two-count charge related to the shooting.
The General Court Martial found Sergeant Bala guilty of murder and sentenced him to death by hanging.
This verdict marked the beginning of a prolonged legal battle for Bala, who maintained his innocence and argued that his actions were in self-defense given the security situation at the time.
After his conviction, Sergeant Bala was remanded in Kaduna prison, where he would spend the next 12 years as his case moved through various levels of appeal.
On February 17, 2017, Bala’s legal team achieved a breakthrough at the Court of Appeal in Kaduna. The appellate court upheld Bala’s appeal against the death sentence on technical grounds. Specifically, the court found that the charge sheet used in Bala’s original trial had not been signed by a General Commanding Officer as required by law.
However, the Court of Appeal’s decision did not fully resolve Bala’s situation. While the court voided his conviction, it did not issue an order to discharge him from the nullified trial.
The case then proceeded to the Supreme Court, where it would ultimately be decided. The appeal, marked SC/889/2017, was filed on March 16, 2017
Court’s Decision
The Supreme Court, led by Justice Helen Morenikeji Ogunwumiju, agreed with Bala’s lead counsel, Mr. Reuben Okpanachi Atabo (SAN), that the Court of Appeal should have discharged the accused after declaring his trial a nullity.
The apex court invoked Section 193 of the Armed Forces Act 2014, which prohibits the retrial of military personnel after their trial has been voided and set aside.
Justice Ogunwumiju emphasized that the plain meaning of Section 193 precludes any further trial of the accused.
The court rejected arguments from the Nigerian Army’s counsel, Isaac Udoka, who had sought a retrial in the interest of justice.
Consequently, the Supreme Court ordered Bala’s immediate release from Kaduna prison.
