The arms valued at over N100 million were sold to the militants between January 1, 2000 and December 2006.
The arms were said to have been sold to the militants through Sunny Bowei Okah, brother of Henry Okah, now standing trial for the same offence in Jos, Plateau State.
Those sentenced include, Major Suleiman Alabi Akubo; Sergeant Matthias Peter (79/NA/966); Lance Corporal Alexander Davou (79/NA/45/4618); Lance Corporal Moses Nwaigwe (97/NA/45/6565); Lance Corporal Nnamdi Anene (02N/52/5191) and Private Caleb Bawa (96/NA/43/8839).
Two other soldiers, Corporals Kola David and Aliyu Mohammed, who were charged along with the convicted soldiers, were however demoted to private, for their failure to inform the appropriate authorities of the crime.
The prosecution told the court that the weapons were stolen from the depots of the Nigerian Army located at the Command and Staff College, Jaji and the One Base Ordnance, Kaduna.
Before giving his verdict, President of the 10-man General Court Martial (GCM), Brig.-Gen. Bala Usara, reviewed the arguments of both the prosecution and defence counsel.
Some of the charges against them read: “Criminal conspiracy, punishable under Section 97 (1) (1) of the Penal Code and triable in a court martial by virtue of Section 114 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.
“Criminal breach of trust punishable under Section 215 of the Penal Code and triable in a court martial by virtue of section 114 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.
“Criminal conspiracy punishable under Section 971 of the Penal Code and triable in a court martial by virtue of Section 114 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.
“Illegal dealings in firearms contrary to Section 9 (1) of the Firearms Act Cap 4 (28) Laws of the Federation of Nigeria 2004 and triable in a court martial by virtue of Section 114 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.
“Criminal conspiracy punishable under Section 97 (1) of the Penal Code and triable in a court martial by virtue of Section 114 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.
“Aiding the enemy punishable under Section 45 (2d) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.”
According to Usara, “at Jaji and Kaduna both in Kaduna State on various days and occasions between 1 January 2000 and 31 December 2006, agreed between and among themselves and others at large to commit the offence of criminal breach of trust to wit: dishonestly disposing off over 7,000 arms of various descriptions, property of the Nigerian Army entrusted in their care to Mr. Sunny Bowei Okah for an estimated sum of over N100 million only and that the offence was committed in pursuance of the said agreement.
“At Jaji and Kaduna both in Kaduna State on various days and occasions between 1 January 2000 and 31 December 2006, being entrusted with care and security of arms at One Ordnance Depot, Jaji and One Base Ordnance Depot, Kaduna dishonestly disposed off quantity over 7,000 arms of various descriptions property of the Nigerian Army to Mr. Sunny Bowei Okah for an estimated sum of over N100 million only.
“At Jaji and Kaduna in Kaduna State on various days and occasions between 1 January 2000 and 31 December 2006 agreed between and among themselves and others at large to commit the offence of illegal dealings in firearms to wit engage in the sale of over 7,000 arms of various descriptions property of the Nigerian Army to Mr. Sunny Bowei Okah for an estimated sum of over N100million only and that the offence was committed in pursuance of the said agreement.
“At Jaji and Kaduna in Kaduna State on various days and occasions between January 1, 2000 and December 31, 2006 not being registered firearms dealers engaged in the sale of quantity over 7,000 arms of various descriptions property of the Nigerian Army to Mr. Sunny Bowei Okah for an estimated sum of over N100 million only.
“At Jaji and Kaduna in Kaduna State on various days and occasions between January 1, 2000 and December 31, 2006 agreed between and among themselves and others at large to commit the offence of aiding the enemy to wit: knowingly and without lawful excuse furnished the Niger Delta militants with over 7,000 arms of various descriptions property of the Nigerian Army through Mr. Sunny Bowei Okah for an estimated sum of over N100 million only and that offence was committed in pursuance of the said agreement.
On the issue of lack of jurisdiction by the court to try them, Usara said the GCM was competent to try the case.
In his plea for leniency, Akubo asked the Court Martial to temper justice with mercy, pointing out that he was a lecturer at the University of Jos before he joined the then National Guard from where he joined the Army and that he had always been an officer with good character until he had a problem with the former Registrar of the Nigerian Defence Academy, Brig-Gen. Cecil Esekhaigbe.
Counsel to the convicted soldiers, Lt. J. S. Obot, also pleaded with the GCM for a mitigation of the sentence to be passed on his clients.
However, in his judgment, when the court resumed from a short break, President of the GCM, Brig-Gen. Usara, said the convicted officer and soldiers must be sufficiently punished for the offences they committed, to serve as a deterrent to others.
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