The Lagos division of Court of Appeal, has uphold a total of 15 years jail-term, slammed on a drug trafficker, Ogbo Emmanuel Obiora and forfeiture of $36, 000 USD, being a proceed of illicit business, by a Federal High Court Lagos.
The three man-panel led by Justice Mohammed Mustapha, affirmed the decision of the lower Court presided over by Justice Ayokunle Faji, while delivering judgment in an appeal filed by the convicted drug trafficker, in an appeal numbered CA/LAG/CR/398/2023.
The three-man panel lead by Justice court Justice Mohammed Mustapha, dismissed the drug trafficker’s appeal for lack of merit.
Justice Ayokunle Faji had on November 11, 2022, convicted and sentenced the appellate and one Ozoh Ikenna, to six and nine years imprisonment for conspiracy, trafficking in drug and concealing the sum of $36, 000 USD and conceal monies which represented proceeds of dealing and trafficking in narcotic drugs.
Justice Faji passed the verdict, after the appellant and his co-conspirator, pleaded guilty to a four count-charge made against them the National Drug Law Enforcement Agency (NDLEA).
The judge had ordered that the jail-term to runs concurrently.
Dissatisfied with Justice Faji’s decision, the appellant through his lawyer, N. A. Okoye, appealed against the decision on the following grounds: ” that Learned Trial Judge erred and misdirected himself in law when he convicted the applicant on the strength of his plea of guilty when same was procured in-terrorem and in breach of the rules of evidence, natural justice and fair hearing, hence occasioned a miscarriage of Justice.
“That the Learned trial Judge misdirected himself in Law when he failed and or refused to follow the provisions of Section 416 on the principles and objectives of sentencing as contained therein thereby occasioned a miscarriage of Justice.”
The appellant also formulated the following issues, which were: “Whether the proceeding leading to the plea of guilty and consequent conviction and sentence was in breach of the Rules of Fair Hearing hence occasioned a miscarriage of Justice,
“Whether the Sentence of 15 years imprisonment was not excessive the appellant being a first offender and have forfeited all claimed proceeds of crime.”
However, the NDLEA through its lawyer, Mr. Abu Ibrahim, who prosecuted the matter at the lower Court, did not formulate any issues, rather he adopted all issues raised by the appellant.
In deciding the appeal, Justice Mustapha, in his judgment, resolved all the issues raised in favour of the NDLEA.
In dismissing the appeal the judge held that; “Having resolved the two issues that called for determination in favour of the respondent, against the appellant, the appeal fails for lack of merit, and it is accordingly dismissed.
“Judgment of the Federal High Court Lagos, delivered on the 11th of November, 2022 is hereby affirmed.”
In the same vein, other members of the panel, Justice Polycarp Terna Kwahar and Justice AbdulAzeez M. Anka, agreed with lead judgment.
In Justice Kwahar words: “I had the privilege to read the lead judgment in draft which has just been well delivered by my learned brother Mohammed Mustapha, JCA.
“I wholly agree with the reasoning and conclusion by his lordship. This appeal is hollow and lacks merit. I equally dismiss it.
“The judgment of the Federal High Court Lagos delivered on the 11th of November, 2022 is hereby affirmed.”
While Justice Anka held that; “I have read in advance the draft Judgment of my lord, Mohammed Mustapha, JCA and I agree with the reasonings and conclusions therein.
“The allegations in the grounds of appeal that the guilty plea of the appellant was procured in-terrorem is not borne out of the record or evidence before the trial court and same cannot be substantiated.
“In the circumstance, I too dismiss the appeal as lacking in merit and affirm the conviction and sentence handed down by the trial court.”
