By Ikechukwu Nnochiri, Abuja
The Federal High Court in Abuja on Thursday convicted and sentenced a man, Sunday Frank, to 40 years in prison after he confessed that he served as a spy for an alleged notorious bandit leader in Benue State, Terwase Akwaza, popularly known as Gana.
Gana, who reportedly began as part of a militia group defending Benue communities against attacks by suspected herdsmen, was killed in September 2020 by security operatives.
In a four-count charge brought before the court by the federal government, it alleged that the convict, Frank, who hails from Katsina-Ala Local Government Area of Benue State, monitored and provided information to Gana about the movement of security agents.
It alleged that the convict’s coverage for Gana spanned Benue and Taraba states.
Specifically, in the charge, which was personally prosecuted by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, it was alleged that the convict had also kidnapped one Samuel in 2022 and held him hostage until the sum of N40,000 was paid for his release.
He was accused of committing offences contrary to sections 21 and 24 of the Terrorism Prevention and Prohibition Act (TPPA) 2022.
Even though the defendant denied counts 1, 2 and 3 of the charge, which related to his alleged involvement in abduction, he pleaded guilty to count 4, which related to providing information to the Benue bandit leader.
Following his plea, the AGF applied for the counts the defendant denied to be struck out, a request the court granted.
Afterwards, the prosecution produced a witness who told the court that he was part of the team that investigated the defendant.
He mounted the witness box and reviewed the facts of the case.
The witness, simply identified as “AAA” after the court gave the FG permission to shield his real name, said the defendant had confessed to being a bandit and an informant to the late Gana.
He said the defendant, who was arrested in 2022, admitted that aside from giving updates on the movement of security agents to Gana, he also confessed to his involvement in banditry and participation in the abduction of two persons.
According to the witness, the defendant’s confessions were both oral and written.
The FG’s application to tender the statement in evidence was not opposed by the defence lawyer, Mr Y. Y. Shullai.
Consequently, trial judge Hawa Yilwa admitted and marked the defendant’s statement as Exhibit A.
The witness further told the court that his team investigated the defendant’s activities and filed a report.
The report was tendered and admitted as Exhibit B.
In his submissions, the AGF stressed that, in view of the defendant’s confession and the exhibits, he should be convicted on count 4 of the charge, to which he pleaded guilty.
The AGF described the offence as very serious, noting that the law prescribes a punishment of at least 20 years’ imprisonment and a maximum of life imprisonment.
“I urge my lord to hand down a sentence of not less than 30 years. This is a very serious offence.
“If it is not nipped in the bud, a whole generation of our security operatives can be wiped out by people like this providing information about their movement,” the AGF added.
He further drew the court’s attention to the fact that count 4 of the charge related to section 13 of the TPPA.
The defence counsel, who is from the Legal Aid Council of Nigeria (LACoN), said he was not opposed to the AGF’s submissions.
Therefore, Justice Yilwa found the defendant guilty and sentenced him to 40 years in prison, starting from the day of his arrest.
The court held that the convict should, upon completing his prison term, be subjected to a rehabilitation and deradicalisation programme.
The case is part of the ongoing mass trial of detained terror suspects.
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