Judgement
CHINWE EUGENIA IYIZOBA JCA: This is an appeal against the judgment of
Okechukwu Okeke J of the Federal High Court, Lagos Division in Suit No.
FHC/L/89C/2011 delivered on the 17th day of May, 2013 wherein the Appellant,
Gabrielle Onyebuchi Obi and Ugwu Geoffrey (2nd accused) were convicted on the
first count of the offence of conspiracy to import 165 Kilogram of Cocaine into
Nigeria; and on the second count of importation of the said 165 Kilogrammes of
Cocaine into Nigeria. They were sentenced to 15 years imprisonment on the first
count and 5 years on the second count, the sentences to run concurrently for 15
years.
THE FACTS: Sometime in November 2010, the National Drug Law Enforcement
Agency (NDLEA) received intelIigence report that three containers Nos. MSCU
1816340, MSCU 3668026 and MSCU 1287231 originating from Bolivia were
suspected to be carrying Cocaine, a narcotic drug. NDLEA Operatives mounted
surveillance at Tin can Island Port Lagos for the arrival of the containers. Container
number MSCU 1816340 arrived the Tin can Island Port, it was intercepted,
searched and nothing incriminating was found. When container number MSCU
3668026 arrived, nobody initially came to claim ownership. This prompted
NDLEA officials and other security Agencies at the Tin can Island Port to conduct
a search on the container and 110 Kilograms of Cocaine was allegedly found inside
it. As a result of this discovery, and further investigations conducted by NDLEA,
the 2nd accused was arrested at a company called Ellisbonave Nig. Ltd located at
Mangoro/Cement Bus Stop, Lagos where he had gone to collect clearance letter for
the release of the container — MSCU 1816340. On his arrest, he was found with
the following documents:
(i) A copy of release letter to the Mediterranean Shipping Line (MSC) Exhibit U.
(ii) A copy of Bill of Lading in respect of containers MSCU 3668026 and MSCU
1287231, Exhibit W.
(iii) A receipt for payment of N35, 000.00 fee for the release of the containers
Exhibit UZ.
In other to obtain the above documents, the 2nd accused forged and presented to
Ellisbonar Nigeria Ltd;
(i) An identity card of himself as a staff of Efcrisam Groups Company Ltd. Exhibit
V2.

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