The witness added that on her way to inspect other containers, an agent by name Ndubuisi approached her and gave her a photocopy of a Bill of Laden and that after inspecting the first container belonging to another person, she proceeded to carry out inspection on that particular container which Ndubuisi has given her the Bill of Ladding.
She said: “on approaching the container, she saw two agents standing by the container with the container already opened. “I noticed some cartons rapped in sacks with one of the cartons turned open.”
The witness further told the court that on a closer look, she saw guns and that immediately the two agents, Ikechukwu Okafor and Ndubuisi realised that she has seen the guns in the sacks, quickly locked the container and ran away.
Upon the running away of the two agents, Ginikanwu said she quickly alerted her boss, Deputy Comptroller of Customs, Bomoi Sulaimon who quickly drafted other operatives to join her at the terminal to secure the container while her boss also contacted Deputy Comptroller Enforcement Nnandi Vera.
The witness said she and the reinforcement from her unit were at the terminal until the arrival of the Enforcement Unit who took the container away for 100 percent physical examination.
“When I get back to the office on that day I received a call from telephone number 08026797600 and the person who called was begging me in Ibo language to help secure the release of the container.”
The witness said that further investigation of call line revealed the caller to be one Emeka Festus
During today’s trial, the prosecutor, Ajakaiye tendered the certify true copy of the Bill of Laden given to Ginikanwa by Ndubuisi and was admitted in evidence.
The defendants were arrested by the men of Nigeria Customs Services (NCS) with the said pump action rifles concealed in two 1×20 feet containers, under the pretence of bringing in wash hand basins and Water Closets (WC) from China.
In a charge marked FHC/L/339c/18, the defendants were alleged to have uttered forged Bill of Laden and Customs Form M, which they used in smuggling the rifles into the country.
The offences according to the prosecutor, Mr. Julius Ajakaiye, a Deputy Director in the Federal Ministry of Justice, are contrary to and punishable under Section 3(6), 1(14)(a), 1(14)(a)(i), 1(2)(c) of the Miscellaneous Offences Act Cap. M17, Laws of the Federation of Nigeria, 2004.
They all pleaded not guilty to the charge, following which their lawyers who include: Mahmud Mogaji and Wale Adesokan, both Senior Advocates of Nigeria (SAN), filed their bail applications and urged the court to grant same.
Ruling on the bail applications of the defendants on Wednesday, Justice Saidu said: “individual liberty cannot be placed above national security.
“The charges against the defendants is considered as a serious charge with the level of insecurity in the country such as armed robbery, kidnapping, terrorism and the rest.
“Considering the nature of the charge, I can’t exercise my discretion in favour of the defendants. I hereby refused the bail applications”.
After refusing the defendants’ bail applications, the prosecutor, Mr. Ajakaiye, informed the court of an amended charge against the defendants.
He told the court that amendment was sequel to the inclusion of one Emeka Umeh Festus, also known as Amankwa, who is said to be at large when others were arraigned before the court on October 11.
The AGF in a charge marked FHC/L/339c/18, the defendants were alleged to have conspired among themselves between September 6 to 20, 2017, to illegally and unlawfully imported a total of 1570 pump action rifles into Nigeria, through Apapa Seaport, Lagos.
They were also alleged to have loaded the said 1570 pump action rifles in two 1× 20 feet containers marked GESU 2555208 and CMAU 1878178.
It was also alleged that in a bid to illegally and unlawfully bring in the weapons, the defendants were alleged to have uttered and forged Bill of lading, issued in July 28, 2017, to read Guandong, China, instead of Istanbul, Turkey, which was written on the conveying container.
They were also alleged to have uttered Form M (application for Import) and Pre-Arrival Assessment Report (PAAR), issued in August 28, 2017, with number MF 20170080364 and CN 20170768490/001, respectively, to read Guandong, China instead of Istanbul, Turkey, as country of origin.
The defendants were also alleged to have altered a forged bill of lading numbered ISB0281398, issued in July 28, 2017, to read 230 packages of wash hand basin and W/C, as the content in the container used in shipping in the illegal firearms.
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