Enugu Federal High Court has discharged and acquitted an Enugu Community leader Chief Christian Akpata over alleged unlawful possession of firearm.
Chief Akpata is one of the contestants for the Igweship throne of Akama-Oghe community in Ezeagu local government area of Enugu State.
The community leader was arraigned for illegally possessing a pump action gun with registration number P268884, seven live cartridges of ammunition and a fake firearm license on January 17, 2018.
In the case between Inspector General of Police vs Chief Christian Akpata with a suit No FHC/EN/CR/38/2018, the prosecuting counsel, C. O Ugwu, of Nigeria Police Force, had said the offence contravened Sect. 27 (1) (a) (i) of Firearms Act Cap F28 Laws of the Federation, 2004.
The prosecution counsel also fielded five witnesses to support his claims that the accused was unlawfully possessing the items.
However, the defense counsel, Chief OAU Onyema felt that the evidences and witnesses fielded were not enough to warrant Akpata to enter into defense in the matter.
He subsequently filed a no-case submission, urging the court to discharge and acquit the defendant as according to him, no court or tribunal can reasonably convict anyone on the evidence so far adduced by the five witnesses of the prosecution.
In her considered ruling after about two years, Justice Rosemary Dugbo-Oghoghorie, said she had not seen the reason the accused should enter into defense in the matter.
This, she added, was because the prosecution had not established any prima facie case against the accused to invalidate his claims that the firearm, amunitions and licence were genuine.
The judge therefore discharged and acquitted the accused person of the alleged criminal offence and also ordered the release of the firearm, amunitions and licence to Chief Akpata with immediate effect.
While reacting to the judgement, the defence counsel, Onyema, applauded the judgement and appreciated the judge for her industry, courage and forthrightness over the case.
Onyema also appreciated the court for upholding justice on the matter.
