The National Drug Law Enforcement Agency (NDLEA) has informed Federal High Court sitting in Lagos that it is closing the prosecution of alleged smuggling of 43.110 kilograms of Cocaine by seven India Nationals and five Nigerians.
The NDLEA through its prosecutor, Mrs. Theresa Asuquo who led Paul Awogbuyi, informed the court presided over by Justice Ayokunle Faji, after the remaining two witnesses intend to call in the trial were indisposed.
The India Nationals and their Nigerian counterparts are standing trial before the court, on an amended two count-charge bordering on conspiracy and unlawful importation of 43.110 kilogrammes of Cocaine.
The Indians are: Shedrack Yurama; Singh Vikash; Kunnaserypallam Ashraf Inzam; Xaiver Fernando Santhanaria; Mandal Surjeet Ashok; Tandel Pratikkumar Pravinbai; and Barthwal Rohan Sunil. While their Nigerian accomplices are: Tobi Ojo; Kunle Animashaun; Shedrack Yurama; Peter Odigie Osazuwa; Omozusi Enorosi Terry.
The defendants alongside a limited liability company, Oilways Logistics and Energy Limited, are on trial before the court by the National Drug Law Enforcement Agency (NDLEA).
The defendants according to the charge sheet marked FHC/L/100c/2021, were arrested with the banned drug on February 8, 2021, at the Time Can Port, Apapa, Lagos, on board a vessel named MV Spar Scorpio.
The defendants, were alleged to have conspired with Franklyn Pereowei Godwin, who is at large.
The offences according to the anti-drug agency are contrary to and punishable under section 11(a) and 14(b) of the National Drug Law Enforcement Agency (NDLEA) Act Cap N30 Laws of the Federation of Nigeria (LFN) 2004.
The agency have called 26 witnesses and as well tendered several exhibits which have been admitted by the court.
At the resumed hearing of the charge, the lead prosecutor, Mrs. Theresa Asuquo, told the court that the two witnesses are not available. She further informed the court that with the development, the agency will be closing it’s case.
She said; “we have earlier told the court that we have two witnesses. One couldn’t make it from Abuja, due to ill-health and the second witness couldn’t make it also.
“In the circumstance, we will be closing our case.”
Counsel to the defendants that includes; Victor O; Efidi O. D.; Nwagbara Jude; Olatunde Adejuyigbe and Ayo Olorunfemi (both SAN), did not object to the prosecutor’s submission.
The counsel unanimously told the court that they will be filing No-Case-Submission applications on behalf of their clients.
While the prosecutor also told the court that she too will also need time to file responses to the No-Case-Submission.
Consequently, the presiding judge, Justice Faji adjourned the matter till June 21, to hear parties the No-Case-Submission.
Justice Faji, by the request of Mr. Adejuyigbe (SAN), reduced the period seven to 12 defendants will be going to NDLEA’s office to one day in a week as against three days in a week, as parts of bail terms.
Charges against the Defendants Read: “that you Tobi Ojo (M), Kunle Animashaun (M), Franklyn Pereowei Godwin (M), presently at large, Peter Odigie Ozasuwa (M), presently at large and Oilways Logistics and Energy Ltd (A company registered in Nigeria) on about the 8th of February 2021, at the Tincan Port, Apapa, Lagos State within the jurisdiction of this Honourable Court without lawful authority imported 43.110 kilogrammes of cocaine , a narcotic drug, and thereby committed an offence contrary to and punishable under section 11(a) of the National Drug Law Enforcement Agency (NDLEA) Act Cap N30 Laws of the Federation of Nigeria (LFN) 2004.
“That you Tobi Ojo (M), Kunle Animashaun (M), Shedrack Yurama (M), Oilways Logistics and Energy Ltd (a Company registered in Nigeria), Omozusi Enorose Terry (M), Singh Vikash (M), Kunnaserypallam Ashraf Inzam (M), Xaiver Fernando Santhanaria (M), Mandal Surjeet Ashok (M), Tandel Pratikkumar Pravinbai (M), and Barthwal Rohan Sunil (M), sometime around 12th January 2021 and 8th February 2021 conspired, with one another and with Franklyn Pereowei Godwin (M) and Peter Odigie Osazuwa (M) who are both presently at large to import 43.110 kilogrammes of cocaine, anarcotic drug aboard the Vessel MV SPAR SCORPIO without lawful authority thereby committed an offence contrary to an punishable under section 14(b) of the NDLEA Act Cap N30 (LFN) 2004”.
