Court Acquits Nigerian Army Sergeant, Akawu Bala Accused Of Murder After Nearly A Decade

In a landmark decision, the Supreme Court of Nigeria has acquitted Sergeant Akawu Bala of murder charges after nearly a decade-long legal battle. Bala had been imprisoned in Kaduna since 2012, following accusations of fatally shooting Isa Mohammed with an AK-47 rifle on December 9, 2012, leading to Mohammed’s death the following day at Saint Gerald’s Catholic Hospital in Kaduna.

Initially sentenced to death by hanging under Section 106 of the Armed Forces Act 2014, Bala’s conviction was overturned by the Kaduna Court of Appeal on February 17, 2017. The appellate court found that the charge sheet lacked the signature of a General Officer Commanding (GOC), thus rendering the trial and conviction invalid.

Despite the appellate court’s decision to nullify the death penalty, Bala remained incarcerated, prompting his appeal to the Supreme Court on March 16, 2017. Represented by lawyer Reuben Atabo, Bala argued for his immediate release under Section 193 of the Armed Forces Act 2014, which bars retrials following a voided trial.

The Nigerian Army, represented by Isaac Udoka, sought a retrial but was opposed by the Supreme Court. In a unanimous judgment delivered by Justice Helen Ogunwumiju, the court upheld Bala’s discharge, affirming that he could not be retried for the same offences under the law. Consequently, the Supreme Court ordered Bala’s immediate release from Kaduna prison.

Throughout the legal proceedings, Bala maintained his innocence, claiming he acted in self-defence during a period of heightened Boko Haram attacks. He asserted that he had fired his weapon in the dark after warning Mohammed and another individual to stop advancing towards him, fearing for his safety.

The Supreme Court’s decision marks the culmination of a protracted legal ordeal for Sergeant Akawu Bala, underscoring significant legal principles governing military trials and the rights of accused persons in Nigeria.
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