Gabriel Onyebuchi Obi V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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 the arrival of the containers. Container number MSCU 1816340 arrived the Tin can Island Port, it was intercepted, searched and nothing incriminating was found. When container number MSCU 3668026 arrived, nobody initially came to claim ownership.

This prompted NDLEA officials and other security Agencies of the Tin can Island Port to conduct a search on the container and 110 Kilograms of Cocaine was allegedly found inside it. As a result of this discovery, and further investigations conducted by NDLEA, the 2nd accused was arrested of a company called Ellisbonave Nig. Ltd located of Mangoro/Cement Bus Stop, Lagos where he had gone to collect clearance letter for the release of the container – MSCU 1816340. On his arrest, he was found with the following documents:

(i) A copy of release letter to the Mediterranean Shipping Line (MSC) Exhibit U.

(ii) A copy of Bill of Lading in respect of containers MSCU 3668026 and MSCU 1287231, Exhibit W.

(iii) A receipt for payment of N35, 000.00 fee for the release of the containers Exhibit UZ.

In other to obtain the above documents, the 2nd accused forged and presented to Ellisbonar Nigeria Ltd;

(i) An identity card of himself as a staff of Efcrisam Groups Company Ltd. Exhibit V2.

(ii) Certificate of Incorporation of Efcrisam Groups Company Ltd – Exhibit V.

(iii) A letter of authority from Efcrisam Group, Company Ltd – Exhibit V1.

The 2nd accused in his extrajudicial statement dated 21st January 2011 said he got the bill of loading – Exhibit W from Audu Ismail. Investigations revealed that the said Audu Ismail got it from one Ibrahim Maidurumi, while Ibrahim Maidurumi got it from Gabriel Onyebuchi Obi the Appellant herein.

The Appellant admitted in his testimony in Court and in his extrajudicial statement dated 21st January 2011 – Exhibit L that he gave the bills of lading to Ibrahim Maidurumi to help him clear the 2 containers numbers MSCU 3668026 and MSCU 1287231, but claimed that it was one Chief Oke who gave them to him. He further claimed that Chief Oke gave him N300, 000. 00 to clear the containers for him. He claimed he did not know Chief Oke’s residence; that they only met of a drinking joint and that he does not know his phone number because Chief Oke always called him with a hidden number. Attempts by the appellant to help NDLEA apprehend Chief Oke failed. The Respondent on the other hand claimed the appellant did not give NDLEA any useful information that would lead to the arrest of Chief Oke.

The Appellant, the 2nd Accused Ugwu Geoffrey, Audu Ismail and Ibrahim Maidurumi were on 27th January 2011 taken to the Tin can Island Port Lagos where the container number MSCU 1287231 was opened and searched in their presence and 165 Kilograms of Cocaine was found in the container.