The Supreme Court has set aside the ruling of the appellate court affirming the conviction of Ahmed Talal Roda, a Lebanese accused of Terrorism and Conspiracy, to store fire arms at a residence in Kano State, Nigeria.
The court said that the Federal High Court should not have tried the accused because it lacked jurisdiction to hear the case since the alleged crime was not committed in Abuja.
The Court held that the charge could not stand because it was done under the Miscellaneous Offences Act which contained no provision for conspiracy.
Roda was sentenced by a Federal High Court on November 29, 2013.
Justice Adeniyi Ademola had then said that the accused was guilty of the offence of terrorism which falls under the Miscellaneous Act that does not give room for judicial discretion by the Court.
However, according to the Court excerpt for terrorism offences, an accused should be tried in the judicial division of the court where the alleged crime was committed.
On the issue of his conviction, the Court held that it was done under a law not contained in the charge before the Court .
Roda along with other Lebanese, Abdallah Thaini and Mustapha Fawaz, were charged with criminal conspiracy and unlawful importation of prohibited firearms.
They were arrested in connection with a large cache of arms found at a residence in Kano, Northwest Nigeria.
The other suspects were cleared of the charges while Ahmed Tala Roda was found guilty of conspiracy and sentenced to life imprisonment.
With the Supreme Court ruling, Mr Ahmed Roda has now been cleared of all charges against him.
Reacting to the ruling, the prosecutor said that the ruling of the Apex Court was final and must be obeyed.
No comments:
Post a Comment