From Godwin Tsa, Abuja
A Federal High Court has sentenced the Chairman and Chief Executive Officer of Best Aluminum Manufacturing Company Limited, Pius Nweke to 10 years and three months imprisonment for illegal possession of firearms and ammunition.
Nweke was convicted by Justice Nnamdi Dimgba of the Awka division of the court on two counts charge marked FHC/AWK/CR/45/2020, brought against by the Inspector General of Police, which relate to possession of firearms and of ammunition without a licence.
The prosecution said the acts were in violation of sections 3 and 4 of the Firearms Act Laws of the Federation, 2004.
Passing the sentence after a plea for leniency from the convict, Justice Dimgba held as follows: ” For count 1, which prescribed a minimum sentence of 10 years imprisonment, I sentence the convict to 10 years imprisonment.
“On the state of the existing statutory as well as prevailing case
law on how the court should exercise its powers during sentencing, and taking into account all the various factors to which reference have been made, I give the convict the option of a fine of N30 million payable to the Federal Government, representing N3 million for every prison years prescribed by law.
“For count 2 which prescribes a term of imprisonment not exceeding 5 years, I sentence the convict to 3 months imprisonment. The period of confinement already spent at the Correctional Centre on remand from the commencement of this charge as well as the time spent in the custody of the Nigerian Police Force, shall be discounted.
“The Registry of this court sitting together with the prosecution and the defence shall work this out. Although this court has the powers to do so, I believe that in the peculiar circumstances of this case and to maintain the balance earlier alluded to, I shall not be exercising my discretion in favour of giving an option of fine to the convict on this count. The convict shall serve this term.”
The court held that before being released from the Correctional Centre upon serving his term, “the convict shall provide to the court an undertaking backed by a sworn deposition in court that he would be of good behaviour and maintain peace in his community and neighbouring communities of Anambra State in general for the period of 10 years in which the custodial sentence for count one ought to have run.
“The convict’s undertaking shall be supported by letters/guarantee addressed to the court by two high-ranking members of the clergy in Nigeria and two high-ranking traditional rulers in Anambra State. The option of fine granted to the convict in count one shall abate and the convict committed to prison upon breach of the undertaking of good behaviour.”
In addition, the court held that “The convict after serving the 3 months sentence in respect of count 2, and in the event that he exercises the option of fine in respect of count one, shall not be released from the Correctional Centre of a letter from the Registry of the Federal High Court endorsed by the Judge confirming that the convict has fulfilled to the conditions specified in this sentence, namely the provisions of the undertaking of good behaviour by the sworn deposition and the letters of support from clergy and traditional rulers.
“The firearms and ammunition, admitted as exhibits PN1 and PN2, shall be forfeited to the Federal Government. The Deputy Chief Registrar (DCR) of the Federal High Court, Awka division shall do a forwarding letter transmitting exhibits PN1 and PN2 to the Inspector General of Police through the Commissioner of Police in charge of Anambra state. The said letter shall be copied to the Commissioner in charge of Legal matters at the Force Headquarters, Abuja and to the prosecution and defence in this matter,” Justice Dimgba ruled.