That”. . . .the Joint Task Force then made an inquiry through the shipping line and
information from the cargo manifest of the container. I led a team of officers to
Efcrisam Group Company Limited, Egbeda Lagos where the owner of the company
Kayode Fashagba was invited to the Joint Task office and interrogated by us.”
Counsel submitted that by the evidence of PW9 the JTF knew how to reach those
connected with the containers whether consignors or Nigerian agents of the owners;
and that if JTF had contacted Efcrisam Groups Company Limited upon the arrival
of the containers, an ambush would have been laid for those who would show up to
clear the containers and upon their showing up, they would have been taken to the
containers, all the seals would have been broken in their presence and a search of
the said containers would have been carried out. Counsel brazenly contended that
the JTF actually opened all the three containers and having found nothing therein
planted cocaine in the last two containers and resealed same for the eventual mock
opening of the said containers. Counsel on this issue: finally submitted that
although the damaging trail of evidence of the opening and search of the containers
in the absence of the owners was provided by the Respondent's witnesses; the
learned trial Judge ignored the adverse nature of the said evidence on the case
presented by the Respondent. He opined that if the trial Judge had given due
consideration to the said evidence, he would have resolved the issue of the
importation of cocaine in favour of the Appellant and the 2nd accused.
In view of the above submissions, counsel opined that the offence of importation of
165 kilograms of cocaine was not proved against the Appellant. Counsel submitted
that the Respondent failed to establish by credible evidence that the cocaine
claimed to have been found in the containers were actually contained in the said
containers at the point of entry into Nigeria and not that they were planted in the
said containers. Counsel argued that if on receipt of the information that the
containers had drugs in them the JTF had waited for the would be owners of the
container or those who would show up to clear the containers and upon their
coming forward, the seals of the containers were broken and the containers opened
in their presence and the drugs found therein, then the Respondent would have had
a case against the Appellant and the 2nd accused. Counsel finally submitted that the
Respondent failed to prove the offence of importation of 165 kilograms of cocaine
against the Appellant and urged this Court to so hold.
On issue 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
learned counsel submitted that the crime of conspiracy could not have been
committed when there was no proof that there was cocaine in the container upon its
arrival-in Nigeria as earlier submitted under issue one. Counsel argued that the
cocaine found in the last two containers could only have been planted in the said
containers by the Respondent and the JTF in their obvious desperation to rope in