the Appellant gave to PW 10, the Respondent did not produce any other evidence
linking the Appellant to the container and the cocaine purportedly found therein.
Both the Appellant and the 2nd accused in their defence claimed that save on the
day of their arrest on the 21st of January 2011; they had never met before and did
not know each other. The Appellant admitted that he gave the bill of lading to PW
10. PW 10 gave the said bill of lading to one Audu Ismail a clearing agent. Audu
Ismail contacted the 2nd accused, Gabriel Ugwu and gave him the instruction to
begin the process of clearing the said container.
It is pertinent to mention that after the search of the second container, allegedly not
claimed by anybody, and where 110 kg of cocaine was found, NDLEA now did
what they should have done in the first place made inquiry through the shipping
line and got information from the cargo manifest of the container linking two
companies to the containers. The companies are Efcrisam Group Company Ltd and
Ellisbonav Nig Ltd. Through enquiries at these companies the 2nd accused
Gabrielle Ugwu and other suspects including the appellant were arrested.
During the trial, the Respondent called 11 witnesses. The appellant and his
co-accused each testified on his own behalf and called no other witness. In a
considered judgment delivered by Okechukwu Okeke J. on 17/5/13, the Appellant
was convicted and sentenced as stated above. Naturally, unhappy with the
judgment, the Appellant appealed by Notice of appeal dated 29/11/13 filed on
6/12/13 at pages 351 - 357 of the Record of Appeal containing seven grounds of
appeal. As is customary in this court, the parties filed and exchanged briefs of
arguments. The appellant's brief was settled by Mobolaji Olanipekun Sowole Esq
while the Respondent's brief was settled by J. N. Sunday Esq. Director, Prosecution
& Legal Services (NDLEA) and, Obiageri Iwuchukwu.
From the seven grounds of appeal, learned counsel for the Appellant in his brief
distilled three issues for determination as follows:
1. Whether the offence of importation of 165 kilograms of cocaine was proved
against the Appellant in line with provisions of the enabling law. Ground 2.
2. Whether the offence of conspiracy to import 165 kilograms of cocaine was
proved against the Appellant in line with provisions of the enabling law. Grounds 1,
4 & 5.
3. Whether the learned trial Judge properly directed himself as to 1 the burden and
standard of proof having regard to the nature of the issues placed before him and
made a proper evaluation of the evidence led by the prosecution and the defence.
Grounds 3,6 & 7.
The Respondent's counsel on their part formulated two issues for determination as
follows: