Justice Akintayo Aluko of a Federal High Court, Lagos, has convicted and sentenced a drug dealer, Ibemesi Chijioke Francis a.k.a. Chisco, to seven years imprisonment, for trafficking in 1, 762. 8 Kilograms of cannabis sativa popularly called marijuana.
Apart from the jail-term, Justice Aluko also ordered final forfeiture of the convict’s monies, cars and landed properties, to the federal government of Nigeria.
The convicted drug dealer was given the jail terms by the judge sequel to his guilty plea to a count charge made against him by the National Drug Law Enforcement Agency (NDLEA).
The prosecutor, Barrister Abu Ibrahim, had told the court that the convict was arrested with the prohibited drug by the NDLEA operatives at his abode, No. 19, Agboke Street, Okota, Lagos State.
He was charged before the court on a count charge.
At the hearing of the matter on Monday, the convict admitted committed the crime and pleaded guilty to the charge made against him.
Based on his plea, the prosecutor reviewed the facts of the charge, as well, tendered some exhibits in the matter.
Upon reviewed the facts of the charge and tendering of the exhibits, the prosecutor urged the to convict and sentence him accordingly.
But the convict’s counsel, Barrister Uchenna Okenyin, pleaded with the court to be merciful with his client, on the ground that he pleaded guilty to the charge at the earliest time, and being a first time offender who did not have any previous records of conviction.
He pleaded with the court to give his client a non-custodian sentence or fine option in lieu of the custodian sentence.
Giving verdict on the charge, Justice Aluko after hearing the submissions of counsel, sentenced the drug dealer to seven years imprisonment.
The judge however ordered the convict to pay the sum of N8 million as fine option.
Upon conviction of the drug dealer, the prosecutor, Barrister Abu move the motion for final forfeiture of his properties and assets to the federal government of Nigeria, for being proceeds of drug trafficking.
In urging the court to forfeit the convict’s properties/assets, Barrister Abu told the court that the motion is pursuant to Section 44(2)(k) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011), Sections 3(1)(a) & (c); 27(1)(a) &(b); 32(c), 33(1}{a)&(b); (2)(a)&(b) 34 and 36(a)&(b) of the National Drug Law Enforcement Agency Cap.N30, Laws of the Federation of Nigeria and under the inherent court’s inherent jurisdiction.
The prosecutor told the court that the properties sought to be forfeited include: Access BanK with Account No: 0067681867, and Ecobank Bank with Account No: 4011004067; USD11,600; £2,000; €62,200; $50 Canadian dollar.
Others include: Toyota Sienna Silver colour with Registration No: LAGOS FKJ 259 JJ; Toyota Highlander Black colour with Registration No: ABUJA ABJ 912 BZ; Volkswagen Bus White colour with Registration No: LAGOS MUS 554 YF and Lexus 460 Black colour with Registration No: LAGOS JJJ 227 JV.
While the forfeited landed property were: a property Registered and known as DAISY GARDEN situatel at No. 7, Pius Eze Street, off Alhaji Agbake, Ago-Palace Way, Isolo, and another property at No. 19, Agboke Street, Okota, Lagos State pending further investigation and conclusion of prosecution into this case.
In praying the court to forfeit the monies and other properties, the prosecutor told the court that preliminary investigations has established that the monies in the above stated accounts are proceeds of drug dealing. And that there is need to preserve the monies in the above stated accounts, the vehicles and the landed property by the orders of this Honourable Court to prevent their dissipation by the convict.
He also told the that the convict is not entitled in law to retain suspected proceeds of the crimes.
He also informed the court that the motion for the forfeiture is supported with an affidavit deposed to by one Okonkwo Ebuka Anthony, a Litigation Officer with the NDLEA.
Upon moving the motion for the final forfeiture of the monies and other properties, the prosecutor urged the court to forfeit them to the federal government of Nigeria, for being proceeds of drug trafficking.
But, lawyer to the convicted drug trafficker, Barrister Okenyin, vehemently opposed to the prosecution application, on the ground that the money and other items were not proceeds of drug trafficking.
However, Justice Aluko in his judgment, after reading through the processes filed by the parties and after citing plethora of legal authorities, acceded to the NDLEA’s request and ordered that the monies, cars and landed properties be forfeited to the federal government of Nigeria, for being proceeds of drug trafficking.
