Drug convict jailed 2 yrs over export of 3.4kg cannabis

Defence attacks Prosecution in court for raising aggravating factors


A Federal High Court in Lagos on Tuesday, convicted and senteced a 32-year-old man, Cyril Ewelike, to a term of two years imprisonment for hemp trafficking.

Justice Mohammed Kala, however, gave the defendant an option of fine of N200,000.

The convict was charged by the National Drug Law Enforcement Agency (NDLEA) on a two-counts charge bordering on conspiracy and export of 3.4kg of cannabis to Dubai.

He was arraigned on Feb. 1 and had pleaded guilty to the charge.

The court had however, adjourned the case, following an application by prosecution, Mrs Juliana Iroabuchi, for a short adjournent to enable her review the facts of the case.

Reviewing the facts of the case before the court, the prosecutor tendered nine exhibits which the court admitted as evidence of the prosecution.

She, then urged the court to proceed and convict the defendant based on his plea and the evidences of prosecution.

Before judgement, the court asked the defendant if he agreed with the facts as presented by the prosecution, and the defendant had no objection.

Justice Kala, consequently, convicted the defendant as charged.

Meanwhile, before sentence, defence counsel begged the court to show mercy on the convict as he was a first offender with no past criminal records, and urged the court to give an option of fine.

In response, the prosecutor, Iroabuchi informed the court that although the defendant had no precious criminal record, there were aggravating factors which the court should consider in sentencing the convict.

She informed the court that the convict did not plead guilty at first instance when he was arraigned before a brother judge, Justice Yellin Bogoro.

She said that the convict had faked documents for his bail granted by Bogoro, and that his change of plea was only an after thought .

She told the court that granting the convict an option of fine is simply a ridicule to the bench and bar and sends a very wrong signal to the society at large.

Iroabuchi argued that Justice is not only for the convict alone but a 3 way traffic which is Justice for the convict, the state, and the society at large.

She refered the court to section 311 of the ACJA which provides for deterrence and urged the court to do same.

Meanwhile, there was a mild drama as the prosecutor was still speaking , when defence counsel ordered her to sit down, supported by another defence counsel in another NDLEA case.

Following intervention from the court the situation was calm.

The prosecutor, argued that there is pity for the convict but non for the victims of the offence who have died because of drug addiction.

In his verdict, however, the court senteced the convict to a term of two years imprisonment, with an option of N200,000 fine .

The court ordered that the drug exhibit be destroyed by the NDLEA, within 60 days, if there is no appeal against the judgement.

According to the charge, the defendant committed the offence on Dec. 5, 2022, during the examination of cargo at the shaco export shed of the Murtala Mohamed Airport.

Prosecutor said that the convict exported 3.4 kg of cannabis, without lawful authority, to Dubai .

She said that the convict committed the offence in conspiracywith one Uche Onowu, a Nigerian who resides in Dubai, but now at large.

The offence contravenes the provions of section 11(b) and 14(b) of the NDLEA Act 2004