Alhaji Moshood Olatunji & Anor V. The Federal Republic of Nigeria (2002)

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ADEREMI, J.C.A.

In the Federal High Court, sitting in Lagos (Coram R. N. UKEJE, J., as she then was), the appellants, stand charged with three counts viz:-

Count(1)That you Alhaji Moshood Olatunji, male, adult, Nigerian, Augelito Marinay (a.k.a. little or lito) male, adult, Philipino, sometimes in the month of August, 2001, at Lagos, within the jurisdiction of this court, conspired with one Ade Emmanuel (now at large), to use the facilities of Brazillian Merchant Vessel Clipper ITA JAI to import 60 kilogrammes of cocaine, a narcotic drug into Nigeria and you thereby, committed an offence contrary to and punishable under section 10 (b) of National Drug Law Enforcement Agency (Amendment) Act No. 15 of 1992.

Count(2)That you, Alhaji Moshood Olatunji, male, adult, Nigerian, Augelito Marinay (a.k.a. “little” or “Lito”) male, adult, Philipino on or about the 27th day of August, 2001, at Berth Number 2 Tincan Island Port, Lagos, within the jurisdiction of this Court, using the facilities of Brazillian Merchant Vessel Clipper ITA JAI, without lawful authority imported 60 kilogrammes of cocaine, a narcotic drug into Nigeria and you thereby, committed an offence contrary to and punishable under section 10(a) of National Drug Law Enforcement Agency Act, Cap. 253, L.F.N. 1990.

Count(3) That you, Alhaji Moshood Olatunji, male, adult, Nigerian citizen on or about the 27th day of August, 2001, at Berth Number 2 Tincan Island Port, Lagos, within the jurisdiction of this court knowingly and without lawful authority, possessed 60 kilogrammes of cocaine a narcotic drug and you thereby, committed an offence contrary to and punishable under section 10(a) of the National Drug Law Enforcement Agency (Amendment) Act No. 15 of 1992.

The two appellants were arraigned and charged before the court below on 24th September, 2001. The plea of the accused persons/appellants was taken on that day. Each of them pleaded not guilty.

By a summons dated and filed on the 20th September, 2001, the appellants applied for an order of the court below admitting them to bail, pending the hearing of the charge preferred against them. Arguments of counsel on the application were taken, and in a reserved ruling delivered on the 4th of October, 2001, the court below refused the application. Dissatisfied with the said ruling, the accused persons/appellants have appealed there from to this court. In the notice of appeal, the appellants raised seven grounds and had there from identified seven issues for determination. They are as follows:

(i) Whether in the circumstances of the charge the quantity disentitles the appellants to bail?

(ii) Whether the absence of Ade Emmanuel allegedly a co-accused who is still at large will disentitle the

appellants to their bail?

(iii) Whether the emphasis on the weight of evidence amassed in proof of the prosecution’s case does not

prejudice the case of the appellants to suggest being guilty before the trial?

(iv) Whether the fact that the second accused, who is the second appellant is not a Nigerian, is a ground to refuse their application for bail?

(v) Whether on the materials before the court, the second appellant could be said to have contacts to disentitle them to their bail application?