(2016) JELR 36807 (CA)    

Court of Appeal  ·  CA/L/629/2014 ·  24 Mar 2016 ·  Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable doubt
kilograms of cocaine
2nd accused
audu ismail
ibrahim maidurumi
learned trial judge
kilogrammes of cocaine
circumstantial evidence
offence of importation
evidence act
provisions of the enabling law
standard of proof
container number mscu
containers nos
nature of the issues
offence of conspiracy
arrival of the containers
circumstances of this case
copy of bill of lading
evidence of pw9
findings of fact of the trial court
joint task force
presence of the owners
proper evaluation of the evidence
record of appeal
state v
trial judge
2nd accused ugwu geoffrey
above documents
accused person
adverse nature of the said evidence
clear containers
credible evidence
damaging trail of evidence of the opening
exhibit u.
exhibit w.
first count of the offence of conspiracy
ibrahim maidurumi pw10
kilogram of cocaine
national drug law enforcement agency
release of the container
release of the containers exhibit uz
respect of containers mscu
said audu ismail
second count of importation
spare parts

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Okechukwu Okeke J of the Federal High Court, Lagos Division in Suit No. FHC/L/89C/2011 delivered on the 17th day of May, 2013 wherein the Appellant, Gabrielle Onyebuchi Obi and Ugwu Geoffrey (2nd accused) were convicted on the first count of the offence of conspiracy to import 165 Kilogram of Cocaine into Nigeria; and on the second count of importation of the said 165 Kilogrammes of Cocaine into Nigeria. They were sentenced to 15 years imprisonment on the first count and 5 years on the second count, the sentences to run concurrently for 15 years.

THE FACTS: Sometime in November 2010, the National Drug Law Enforcement Agency (NDLEA) received intelligence report that three containers Nos. MSCU 1816340, MSCU 3668026 and MSCU 1287231 originating from Bolivia were suspected to be carrying Cocaine, a narcotic drug. NDLEA Operatives mounted surveillance of Tin can Island Port Lagos for …

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