ABUJA– The Supreme Court has discharged and acquitted a Sergeant, Akawu Bala, who has been on death row for over 12 years.
The victim of the gunshot was said to have died on December 10, 2012 at Saint Gerald’s Catholic Hospital in Kaduna.The military court, upon the conclusion of the hearing, found him guilty and sentenced him to death by hanging. Justice Obietonbara Daniel Kalo who read the Court of Appeal’s lead judgment declared the process of the trial and conviction of the Sergeant as a nullity but however refused to discharge him from the nullified trial, promoting further appeal to Supreme Court.
The senior lawyer 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 has been voided and set aside. She, therefore, ordered the immediate release of the convict from Kaduna prison where he had been on remand since 2012.
Source: Law Daily Report (lawdailyreport.net)
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