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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