SCNJ 82 at 94 per Uwais CJN, the expression beyond reasonable doubt, certainly
does not mean "beyond any shadow of doubt"
The prosecution consequently has the burden of proving all the essential elements
of the offence in the charge beyond reasonable doubt. It must put forward before
the court evidence which is so strong, compelling and convincing that it leaves no
reasonable man in doubt as to the guilt of the accused. I will now take each of the
ingredients of the offence seriatim to see whether there was proof beyond
reasonable doubt.
(a)That there was importation of cocaine into Nigeria.
The contention of the appellant is that the cocaine found in two out of the three
containers must have been planted there by the Joint Tax Force (JTF) of NDLEA
and that there was no proof beyond reasonable doubt that cocaine was in the
containers imported from Bolivia. The contention was hinged on the fact that the
first container was examined in the absence of the owners or their clearing agent
and that having found nothing in the container, to justify their suspicion the
Respondent then planted the cocaine in the other two containers. With respect the
contention of the appellant's counsel is speculative. No doubt for reasons best
known to them and not explained at the trial, the Respondent did not follow proper
procedure in opening and examining the first two containers. That is why although
cocaine was found in the second container no charge was preferred in respect
thereof. The evidence before the court is that the third container MSCU 1287231
which is the subject of the charge herein was opened in the -presence of the
appellant, the second accused and several officials of the Respondent. In his
statement made on 27/1/11 at page 145 of the printed - record, the appellant said:
"Today, 27/01/11 at about 11 am, I was taken to tin can port along with Ibrahim,
Audu, A Moses. A container with number MSCU 1287231 was opened and some
tiles were off loaded from the container. There were also small bags of cement
inside the container. When some of the tiles were opened by the officers, I saw
some packs inside the tiles the officers told me were hard drugs; they took some
sample and tested it and they say is cocaine. The packs were removed and weighed
and they say the total weight is 165kg."
The appellant by this statement made immediately after the opening and inspection
of the container MSCU 1287231,. confirmed that this particular container was
opened in their presence. Furthermore, PW4, Hassan Ibn Mohammed an assistant
superintendent of narcotics NDLEA testified that on 27/01/11 officers of Joint Task
Force of NDLEA, himself and the two accused persons (appellant & 2nd accused
Ugwu Geoffrey) went to the Tin Can Island Port where the intercepted container
was opened in their presence. Hear him: