Ugwu Geoffrey V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

The appellant and the 1st accused Gabrielle Onyebuchi Obi were arraigned before Okechukwu Okeke J of the Federal High Court, Lagos Division in Suit No. FHC/L/89C/2011 on a two count charge; the first conspiracy to import 165 Kilogram of Cocaine into Nigeria; and the second importation of the said 165 Kilograms of Cocaine into Nigeria. Judgment was delivered on the 17th day of May, 2013 wherein they were convicted and 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:

The case as made out by the Respondent is that the Appellant (2nd Accused) and Gabriel Onyebuchi Obi (1st Accused) conspired with other persons at large to import and actually imported a container with No. MSCU 1287231, containing 165 kilograms of cocaine into Nigeria. The Respondent in furtherance of its case tendered a copy of the bill of lading of the said container as Exhibit W, which the 1st Accused was alleged by the prosecution to have given to one Ibrahim Audu Maidurumi (PW 10) a Customs officer

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whose assistance he sought to find out if the container had arrived in Nigeria and to clear same. The Respondent also tendered the 160 kilograms of cocaine, Exhs. A-A7 contained in 8 Ghana Must Go bags as well as a host of other pieces of evidence.

The evidence against the Appellant as led by the Prosecution was that he was found in possession of the Bills of lading in respect of two containers said to contain Cocaine. He was also found in possession of fake identification documents with which he was trying to clear the containers. The Appellant admitted that he was indeed in possession of the shipping documents but stated that the documents were given to him by one Audu Ismail to clear the containers. He did not know the contents of the container and did not know the 1st accused. The prosecution in the evidence led by its witnesses Katambi Ndirmbula (PW9) and Ibrahim Audu Maidurumi (PW10) confirmed that the Bills of lading were given to Audu Maidurumi (PW10) by the 1st accused. They also both confirmed that Audu Maidurumi gave the bills of lading to a clearing agent Audu Ismail who in turn engaged the Appellant.

The Appellant and the 1st Accused

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gave evidence that they did not know each other and that they met for the first on the 21st of January 2011 the day they were both arrested. The 1st accused, as admitted, gave the bill of lading to PW10. PW10 gave the said bill of lading to one Audu Ismail a clearing agent. It was Audu Ismail who contacted the Appellant and gave him the instruction to begin the process of clearing the said containers.

The Prosecution called 11 witnesses and tendered several exhibits. The 1st and the 2nd Accused persons gave evidence on their behalf but did not tender any documents. Judgment was entered against the Appellant and the 1st accused and they were both convicted on the said two counts and sentenced as stated above notwithstanding the vital pieces of evidence which confirmed the chain of transaction and events provided during the trial by the witnesses for the prosecution and confirmed by the Appellant and the 1st accused.

Dissatisfied with the judgment, the Appellant appealed by Notice of appeal dated 23/4/14 filed on 24/4/14 at pages 384-391 of the Record of Appeal containing seven grounds of appeal. As is customary in this Court, the parties filed and

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exchanged briefs of arguments. The appellant’s brief was settled by Lotanna Chuks Okoli, Esq. while the Respondent’s brief was settled by Y. S. Mshelia, Esq. and Obiageri Iwuchukwu, Esq.