4. Whether there was a meeting of minds to commit an offence;
5. Why the Respondent made no effort to trace the telephone number that the
Appellant provided the police; and
6. Whether the Appellant and the 2nd accused were guilty of any crime whatsoever.
Counsel submitted that there was ample evidence provided by the Appellant that
the actual owners of the container were known and could have been traced. But for
reasons best known to the prosecution, it chose to ignore the leads it had as to the
actual owner of the container. Counsel submitted that the lead in question was the
telephone number of the boy who works for the owner which the owner gave the
Appellant and which the Appellant passed on to the Task Force. Further, that the
Appellant cooperated with the NDLEA and made effort to lead the Task Force to
the actual owner - Chief Okey - but the Task Force bungled the opportunity.
Counsel opined that the learned trial Judge failed to consider the defence of the
Appellant to wit: that he was procured by one Chief Okey to clear the container on
his behalf. Counsel submitted that the learned trial judge appeared to have been
swayed by his conclusion that the appellant and the 2nd accused were liars but the
law is that an accused cannot be convicted of an offence the prosecution has failed
to prove simply because he lied. Counsel cited the cases of Okpere v. The State
(1971) NMLR 145 and Philip Omoaodo v The State (1981) 5SC 5 page 22.
Relying on the cases of Alatise v State (2013) ALL FWLR (PT.686) PG. 552 at
[567. paras. A-E]; Odogwu v The State (supra): and R.v. Teper (1952) A C. 480 at
489. learned counsel submitted that the circumstantial evidence relied on by the
learned trial judge to convict the appellant was not so cogent, complete and
unequivocal as to lead to the irresistible conclusion that the appellant and the 2nd
accused conspired to import 165 Kilograms of cocaine from Bolivia.
Counsel submitted that while it is trite that an appellate Court would not disturb or
reverse the findings of fact made by a trial court, which had the opportunity of
hearing and watching the demeanour of the witnesses, where the trial court failed to
properly evaluate the evidence or make proper use of the opportunity of seeing and
hearing the witnesses at the trial or where it is shown that the trial court's findings
are perverse and that a miscarriage of justice has been occasioned as a result, the
appellate Court will interfere. Adimora v Ajufo (1983) 3NWLR (Pt. 80) 1 Ebba v
Ogodo (1984) 1 SCNLR 372 at page 185. See also Williams v The State (1998) 4
SCNJ 202 at 222. Ojo V Governor of Oyo State (1989) 1 NWLR (Pt 95) and
Elohor v Osayade (1992) 6 NWLR (Pt. 249) 524.
Counsel submitted that the Respondent failed to prove each of the counts against
the Appellant beyond reasonable doubt and urged us to allow the appeal and to
discharge and acquit the Appellant on the two counts.