June 28, 2024 10:01 pmThe supreme court has discharged and acquitted Akawu Bala, a sergeant of the Nigerian Army, over an allegation of murder.
The victim was said to have died on December 10, 2012, at Saint Gerald’s Catholic Hospital in Kaduna.The accused stood trial before the general court-martial on a two-count murder charge punishable under section 106 of the Armed Forces Act 2014.However, on February 17, 2017, the Kaduna court of appeal upheld Bala’s appeal against the death penalty.The court held that the charge sheet upon which he was tried and convicted was not signed by a general officer commanding as required by law.
Reuben Atabo, the appellant’s lawyer, had argued that since his client’s trial was declared a nullity, the court of appeal ought to have made a consequential order to discharge him.The lawyer also drew the attention of the apex court to section 193 of the Armed Forces Act 2014, which he said prohibited the retrial of any military personnel after his trial had been voided and set aside.
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