The Supreme Court of Nigeria has ordered the discharge of Sergeant Akawu Bala, a soldier who was convicted of Murder by a General Court Martial for shooting and killing a civilian while on duty. The Supreme Court declared the General Court Marshal trial a nullity because the Charge sheet was not signed by his commanding officer.

The case began in December 2012 when Sergeant Bala, stationed at an African Petroleum (AP) filling station in Kaduna, shot and killed Isa Mohammed while on sentry duty. Bala was charged with two offenses: failing in his duty as a sentry under Section 50(1)(d) of the Armed Forces Act and murder under Section 106(a) of the same Act.

The General Court Martial convicted Bala, demoted him for the first charge, and sentenced him to death for the second charge. This was confirmed by the appropriate military authority.

Bala’s conviction was first challenged in 2017, when the Court of Appeal, Kaduna Division, ruled that the proceedings of the General Court Martial were null because the charge sheet had not been properly signed by Bala’s commanding officer, and that error has rendered the trial void. However, despite nullifying the trial, the court of Appeal did not acquit Bala nor order a retrial as according to the Court, an order of discharge, acquittal or retrial will tantamount to validating the nullified procedure.

Bala appealed to the Supreme Court seeking a discharge, arguing that under Section 193 of the Armed Forces Act, he could not be retried after the conviction was quashed.

The Supreme Court ruled in favor of Bala, agreeing that since the General Court Martial proceedings were null due to the improperly signed charge sheet, Bala’s continued detention was unlawful.
The Supreme Court allowed the appeal and ordered Bala’s release, citing that a retrial would be oppressive and a greater miscarriage of justice than his immediate discharge.