Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Human and Environmental Development Agenda (HEDA Resource Centre) has petitioned the Nigerian Correctional Service, demanding the immediate enforcement of a five-year prison sentence affirmed by the Supreme Court against a former Army officer, Major Bello Magaji, who was convicted of sodomy in 1997 but may have evaded serving the custodial term. The civil society organisation, in a petition addressed to the Controller-General of the Nigerian Correctional Service, Sylvester Nwakuche, expressed grave concern over reports suggesting that Magaji may not have served the sentence imposed by the nation's highest court, describing the situation as a serious threat to the rule of law and the integrity of Nigeria's justice system.
According to HEDA, Magaji was arraigned before a General Court Martial on February 6, 1997, for the offence of sodomy contrary to Section 81(1)(a) of the Armed Forces Decree No. 105 of 1993. He was initially sentenced to seven years' imprisonment, which was later reduced to five years by the Confirming Authority. The former Army officer challenged the conviction at the Court of Appeal before proceeding to the Supreme Court in Appeal No. S.C. 204/2004 (Major Bello Magaji v. The Nigerian Army). On March 7, 2008, the Supreme Court, in a unanimous judgment delivered by Justice Niki Tobi, dismissed the appeal and upheld both the conviction and the five-year prison sentence, affirming the concurrent decisions of the lower courts.
Despite the Supreme Court's ruling, HEDA said recent public disclosures had raised serious questions over whether Magaji ever served the prison term affirmed by the apex court. The organisation, therefore, urged the Nigerian Correctional Service to urgently verify its records to determine whether the former officer was ever admitted into any correctional facility to serve the sentence. If no such record exists, HEDA called on the Service to immediately collaborate with relevant law enforcement agencies to apprehend the convict and ensure the full execution of the Supreme Court judgment.
In a petition signed by HEDA Chairman, Olanrewaju Suraju, the organisation described the alleged non-enforcement of the judgment as a threat to the rule of law and the credibility of Nigeria's justice system. Suraju said a conviction by a competent court was meaningless if the punishment imposed was not carried out. "Justice does not end with conviction. The enforcement of judicial decisions is fundamental to maintaining public confidence in the legal system. Where a Supreme Court judgment remains unexecuted, it sends a dangerous message that powerful individuals can evade accountability," he stated.
HEDA also called for an internal investigation into any administrative or institutional failures that may have contributed to the alleged non-execution of the custodial sentence. Suraju insisted that every valid judgment of the court must be respected and enforced irrespective of the status or influence of the convicted person. "The rule of law cannot be selective. Failure to execute such judgments undermines public trust in the justice system and weakens the nation's commitment to accountability," he added.
The organisation disclosed that copies of the relevant portions of the Supreme Court judgment had been forwarded to the Nigerian Correctional Service to facilitate immediate action, while the Minister of Interior had also been copied on the petition. HEDA reaffirmed its commitment to promoting transparency, accountability, and respect for the rule of law, insisting that no individual should be allowed to escape the consequences of a lawful conviction. The case of Major Bello Magaji, which has remained unresolved for nearly two decades since the Supreme Court's ruling, highlights the persistent challenge of enforcing judicial decisions in Nigeria, particularly where convicted individuals may have evaded custodial sentences through administrative lapses or institutional negligence.
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