HEDA Demands Immediate Enforcement of Supreme Court Jail Sentence Against Convicted Former Army Officer Bello Magaji
The Human and Environmental Development Agenda (HEDA Resource Centre) has formally petitioned the Nigerian Correctional Service (NCoS), demanding the immediate enforcement of the five-year prison sentence affirmed by the Supreme Court against convicted former Army officer, Major Bello Magaji over the offence of sodomy.
In a petition signed by HEDA’s Chairman, Olanrewaju Suraju and addressed to the Controller-General of the Nigerian Correctional Service, Sylvester Nwakuche, the civil society organization expressed grave concern over reports suggesting that the convict may have evaded serving the custodial 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 Suraju, the administration of justice cannot be considered complete when a person validly convicted by a court of competent jurisdiction escapes the consequences of the crime.
“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,” Suraju stated.
HEDA recalled that Major Bello 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. Following his conviction, he was initially sentenced to seven years’ imprisonment, which was later reduced to five years by the Confirming Authority.
The convict unsuccessfully challenged the judgment before 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 unanimously dismissed his appeal and affirmed the five-year prison sentence. In the lead judgment delivered by Justice Niki Tobi, the apex court upheld the concurrent findings of the lower courts and affirmed the conviction.
HEDA noted that credible public disclosures have raised serious questions as to whether the convicted former officer ever served the prison term affirmed by the Supreme Court. Consequently, the organisation called on the Nigerian Correctional Service to urgently verify its custodial records to determine whether Major Bello Magaji was ever admitted into any correctional facility to serve the sentence.
Where no such record exists, HEDA urged the Service to immediately collaborate with relevant law enforcement agencies to apprehend the convict and ensure the full execution of the Supreme Court judgment. The anti-corruption organisation also demanded a comprehensive internal investigation into any administrative or institutional failures that may have enabled the alleged non-enforcement of the custodial sentence.
“The rule of law cannot be selective. Every valid judgment of the Court must be respected and enforced irrespective of the status or influence of the convicted person. Failure to execute such judgments undermines public trust in the justice system and weakens the nation’s commitment to accountability,” Suraju added.
HEDA, however, has forwarded relevant portions of the Supreme Court judgment to the Nigerian Correctional Service to facilitate immediate action and copied the Honourable Minister of Interior, urging the Ministry to ensure full compliance with the judgment.
The organisation reaffirmed its commitment to promoting accountability, transparency, and respect for the rule of law, stressing that no individual should be above the law or permitted to escape the consequences of a lawful conviction.
