A Federal High Court, Lagos, on Monday dismissed a no case submission made by two Iranians, Ali Jega, and Azim Aghajan, charged with illegal importation of arms, ammunitions and explosives to Nigeria.
Justice Okechukwu Okeke also refused the bail application of the Iranians’ holding that the matter bordered on national security, especially in the wake of recent developments in the country.
According to him, the matter must be handled with much caution.
Jega, and Aghajani are standing trial on a five count charge of unlawful importation of fire arms and explosives into Nigeria.
They had each pleaded not guilty to the five counts, but were denied bail by the judge on the basis of public interest.
The judge said that the evidences adduced by the prosecution witnesses, revealed that a prima facie case existed against the accused.
Okeke ruled: “in making a no case submission, the court must consider whether the evidence adduced by the prosecution is weighty enough.
“The court must also be sure that the evidence adduced, does not possess sufficient grounds to link the accused with the commission of the offence.
“Out of the nine witnesses produced by the prosecution, I will single out the testimonies of the third and fifth witnesses because their testimonies sufficiently make out a case against the accused.
“The prosecution has therefore made out a prima facie case against the accused and so, the no case submission of the defence counsel hereby fails,’’ he said.
?He, therefore, adjourned the case to Nov. 19, and ordered the defence to open their case at the next adjourned date.
The News Agency of Nigeria (NAN) reports that the accused were arraigned on March 7, 2011 before the court on a five count charge of unlawful importation of fire arms and ammunitions into Nigeria.
The prosecutor, Mr Maduakor Livingstone, had told the court that the accused were apprehended by the customs on July 17, 2010.
He said that the Iranians allegedly imported illegally into the country a 13 by 20 feet container loaded with arms, ammunitions, explosives and rockets.
Livingstone also told the court that the accused had also made a false declaration in their bill of lading, that the container contained 'glass wool', and pallet of stones contrary to Section 161 of the Customs and Excise Management Act 2004.
He told the court that the alleged offences committed also contravened Sections 3, 14, 18, and 47 of the Firearms (Special Provisions) Act, Laws of the Federation of Nigeria, 2004.
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