The Federal High Court in Abuja on Thursday convicted and sentenced Sunday Frank to 40 years’ imprisonment after he pleaded guilty to serving as a spy for the late Benue bandit leader, Terwase Akwaza, popularly known as Gana.

He reportedly began as a member of a militia group defending Benue communities against attacks by suspected herdsmen, but was killed by security operatives in September 2020.

In a four-count charge brought against Frank, the federal government stated that the convict, who hails from Katsina-Ala Local Government Area of Benue State, monitored and provided information to Gana about the movements of security agents.

The government further alleged that Frank’s activities on behalf of Gana spanned both Benue and Taraba states.

Specifically, the charge, prosecuted by the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, alleged that the convict had also kidnapped a man identified as Samuel in 2022 and held him hostage until a ransom of N40,000 was paid for his release.

Frank was also accused of committing offences contrary to Sections 21 and 24 of the Terrorism Prevention and Prohibition Act (TPPA) 2022.

Although the defendant denied counts one, two and three of the charge, which related to his alleged involvement in abduction, he pleaded guilty to count four, which concerned providing information to the late Benue bandit leader, Gans.

Following his plea, the AGF applied for the counts the defendant had denied to be struck out. 

The court granted the application, after which the prosecution called a witness to review the facts of the case (evidence), testifying that he was part of the team that investigated the defendant.

The witness, identified only as “AAA” after the court granted the federal government’s request to conceal his real name, told the court that the defendant had confessed to being a bandit and an informant to the late Gana.

While reviewing the facts of the case, the witness said the defendant, who was arrested in 2022, admitted that, in addition to providing Gana with updates on the movements of security agents, he had also been involved in banditry and the abduction of two people.

According to the witness, the defendant’s confessions were both oral and written.

The Federal Government’s application to tender the statement in evidence was not opposed by defence counsel, Mr Y. Y. Shullai. The trial judge, Justice Hawa Yilwa, admitted the statement and marked it as Exhibit A.

The witness further told the court that his team investigated the defendant’s activities and prepared a report, which was tendered and admitted as Exhibit B.

In his submissions, the AGF argued that, in view of the defendant’s confession and the exhibits presented, he should be convicted on count four, to which he had pleaded guilty.

Fagbemi described the offence as very serious, noting that the law prescribed a minimum sentence of 20 years’ imprisonment and a maximum of life imprisonment.

“I urge my lord to hand down a sentence of not less than 30 years. This is a very serious offence. If it is not nipped in the bud, a whole generation of our security operatives can be wiped out by people like this providing information about their movement,” the AGF added.

He further drew the court’s attention to the fact that count four of the charge related to Section 13 of the TPPA.

The defence counsel, who is from the Legal Aid Council of Nigeria (LACoN), said he did not oppose the AGF’s submissions.

Justice Yilwa subsequently found the defendant guilty and sentenced him to 40 years’ imprisonment, effective from the date of his arrest.

The court also ordered that, upon completing his prison term, the convict should undergo a rehabilitation and deradicalisation programme