Justice Nicholas Oweibo of the Federal High Court in Lagos has cleared 11 Filipinos of the allegation of unlawful importation of 13.65 kilograms of cocaine into Nigeria brought against them by the National Drug Law Enforcement Agency (NDLEA).
Justice Oweibo set the foreigners free after upholding their no-case-submission application, in which they argued that the NDLEA failed to link them with the crime.
The judge also held that the anti-drug agency failed to establish a prima facie case against the defendants that would have compelled the court to order them to open their defence.
The foreigners: Gerapusco Fidel; Antolin Reynante; Bechayoa Edgar; Voltaire Tejero, (M), Adult, Kent Ryan; Bryan Kamos; Ralph Christopher; Maningo Dennis; Romnick Albarracin; Ervin Pabuaya and Quetua Judezar Servilla, were arraigned before the court alongside a vessel, MV Karteria on May 13, 2022, by the NDLEA.
The prosecutor, Mrs Theresasa Asuqou, had told the court that the Filipinos were arrested at GDNL Terminal Apapa Port, Lagos, on November 7, 2022, with 13.65 kilograms of cocaine which they unlawfully brought into the country.
They were arraigned on a four-count charge of conspiracy, unlawful importation and transportation of the prohibited substance.
The prosecution had told the court that the foreigners violated sections 11(b) and 14(b); of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 200 and were punishable under the same Act.
During the trial, the prosecution called six witnesses. Also, it tendered several exhibits, which included the bulk of the seized drug, defendants’ statements, and laboratory test analysis report, which were all admitted by the court.
Upon the conclusion of the prosecution’s case, the defendant, instead of opening their defence, opted to file a no case submission application.
They argued in the application that the prosecution failed to link them to the crime, so the court should dismiss the case and set them free.
The NDLEA had insisted that they had established a prima facie case against the defendants and that the court should compel them to open their defence.
However, while ruling on the application, Justice Oweibo, after legally analysing all submissions made by the defence team and prosecution, and citing a plethora of authorities, upheld the defendants’ no-case-submission.
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