"In the course of search conducted in the container powdery substances suspected
to be cocaine were recovered neatly concealed in packs of tiles. After the extraction
of the suspected substances from the tiles I carried out on the spot test of the
suspected substances in the presence of the accused persons and other witnesses.
The tests proved positive for cocaine. The substances were then weighed to be
165kg and were packed in eight Ghana Must Go bags; packet of tiles with
suspected substances was also packed as samples of mode of concealment. I then
issued the relevant exhibit forms which are Certificate of Test Analysis and
Packing of substance Form which were signed by the two accused persons and
other witnesses.
PW4 at page 219 of the printed record gave evidence of other actions taken with
respect to the eight Ghana Must Go bags all in the presence of the two accused
persons. No question was put to the witness in cross-examination with respect to
his assertion that the two accused persons witnessed all the steps taken during the
search of the container and signed all the relevant forms. PW5 Leonard Nnadim a
staff of NDLEA also testified that the search of the container MSCU 1287231 was
in the presence of the appellant and his co-accused. Under cross-examination he
confirmed that the container was sealed and that the seal was cut in the presence of
the appellant and his co-accused. The evidence that the appellant and his
co-accused were present when the container was searched is overwhelming. Their
subsequent denial in their evidence in court of being present when the container
was searched is an afterthought. Having established that the container was sealed
and that the seal was cut and the container opened in the presence of the appellant
and others, there is no basis for the contention of the appellant that the cocaine may
have been planted in the container by officials of NDLEA. If that was the case,
nothing prevented NDLEA officials from also sealing back the container MSCU
3668026 after the discovery of 110 kg of cocaine and then going back with the
appellant and others to search the container just as the appellant claimed they did in
the case of container MSCU 1287231. In view of the bill of lading evidencing the
importation of the container MSCU 1287231 from Bolivia to Nigeria and the
finding of the cocaine hidden amongst the tiles in the container on inspection in the
presence of the appellant and others, there is proof beyond reasonable doubt that
there was importation of cocaine from Bolivia to Nigeria.
(b) That the substance imported is proved to be cocaine:
The prosecution led conclusive evidence that the substance imported from Bolivia
was indeed cocaine. PW1 tendered the substance recovered from the container.
PW2 gave evidence that the test analysis proved that the substance recovered was
cocaine. PW4 processed the exhibits weighing 165 Kg for analysis. PW5 recovered
the exhibits from the container MSCU 1287231 at Tin Can Island port in the
presence of the appellant and his co-accused. Exhibits A-A7 is the bulk of the
unanalyzed substance; exhibit B is the mode of concealment of the cocaine in the