Justice Akintayo Aluko of the Federal High Court, sitting in Lagos on Tuesday has convicted and sentenced two businessmen, Chukwuemeka Emmanuel and Amanambu Kingsley, to a total of nine years imprisonment, for unlawful importation of 8, 200 kilograms of cough syrup containing prohibited Codeine.
The judge also forfeited a White Toyota Tacoma V6 with registration Number EKY 883 GK, used in transporting the prohibited drug to the Federal government of Nigeria, for being a proceed of crime.
Justice Aluko convicted and sentenced the two businessmen on Tuesday, after they both pleaded guilty to a three count-charge of conspiracy, unlawful importation and dealing in the banned drug, made against them by the National Drug Law Enforcement Agency (NDLEA).
The convicted businessmen, according to the prosecutor, Juliana Negedu, were arrested with the banned cough syrup, on June 10, 2024, at Comfort Oboh Estate, Kirikiri, Apapa, Lagos.
The prosecutor told the court that the two convicts conspired with some others, who are now at large to commit the illicit act.
She told the court that the convicts’ illegal acts, contravened sections 14(b), 11(a) and 11(c) of the National Drug Law Enforcement Agency (NDLEA) Act Cap N 30, Laws of the Federation of Nigeria 2004, and and punishable under Section 20(2)(b) of the National Drug Law Enforcement Agency (NDLEA) Act Cap N 30, Laws of the Federation of Nigeria 2004.
The two convicts instantly pleaded guilty to the charges when it were read to them.
Based on their guilty plea, the prosecutor called a witness, N. Benjamin, an exhibit keeper with the NDLEA, who tendered the bulk of the seized drug and other exhibit in the charge, which were admitted by the court.
Upon admitting the exhibits, the prosecutor urged the court to convict and sentence the two businessmen as charged.
But counsel to the convicts, Rita Nyiew, in her allucutor, pleaded with the court to be lenient with her clients in sente them.
She particularly, urged the court to give her clients a non-custodian sentence and in alternative, to award a fine option in lieu of the jail-term.
In urging the court to grant her requests, the lawyer told the court that all the aggravating factors, which include, being a first time offenders, pleading guilty to the charges, are in favour of her clients.
The presiding judge, after listening to the counsel’s submissions and confirmed from the prosecutor that the convicts did not any record of previous conviction, sentenced them to five years in count one, six years in count two and three years in count three.
The convicts were ordered to pay the sum of N1 million on each of the counts, as fine option in lieu of the jail-term.
The judge, however ordered that both the jail-term and fine options shall run concurrently.
Upon conviction of the two businessmen, the prosecutor moved the exparte motion for the forfeiture of the vehicle used in the illicit act.
Prosecutor told the court that the motion is pursuant to Sections 3(c), 31(a), 32(c), 33(1)(a), 34 and 36 of the National Drug Law Enforcement Agency Act Cap N30 LFN 2004; Section 44(2)(k) of the Constitution Of Nigeria 1999; Sections 7, 8, 9, 19(1-3), 21(1) and 22(1) of the Proceeds Of Crime Recovery and Management Acts 2022; Order 26 Rule 8 of the Federal High Court Civil Procedure Rules 2009 and under the court’s inherent jurisdiction.
She told the court that the orders sought for in the motion are: “an order forfeiting to the Federal Government of Nigeria and custody in the applicant of a White Toyota Tacoma V6 with Registration Number EKY 883 GK, being an instrumentality in committing the Crime and a Proceed of Crime”
“and for such further or other orders as this Honourable Court may deem fit to make in the Circumstances.”
The prosecutor told the court that the motion Exparte for final forfeiture order is supported with an 18 paragraph-affidavit deposed to by Kayode Abu Ojo, a litigation Officer attached to the Lagos State Command of the NDLEA.