RESPONDENT'S ARGUMENTS:
On the first issue, whether the prosecution has proved its case against the Appellant
beyond reasonable doubt as required by law, learned counsel for the Respondent
submitted that the case against the Appellant was proved , beyond reasonable doubt
and that there was evidence beyond reasonable doubt to warrant the conviction of
the Appellant for the offences of conspiracy to import 165 Kilograms of Cocaine
into Nigeria and importation of the said 165 Kilograms of Cocaine into Nigeria.
Counsel quoted the dictum of Karibi Whyte JSC in Ogwumba v. State (1993) 5
NWLR (Part 296) 60 at 67 that "—-a formulation which only raise the issue of
whether the case against the Appellant had been proved beyond reasonable doubt is
not merely raising the issue of burden of proof, it questions the proof of essential
ingredients of the offence and the validity of procedure adopted". Counsel
submitted that the prosecution in discharging the burden of proof proved all the
essential ingredients of the offences and that the trial court adopted the right
procedure in accordance with the relevant laws in criminal trial in coming to the
decision convicting the Appellant. Counsel submitted that the Respondent tendered
evidence that the Appellant was involved in the conspiracy and importation of
container no. MSCU 1287231 which contained 165 Kilograms of Cocaine
imported into Nigeria in January 2011. He opined that the 2nd accused who was
convicted along with the Appellant admitted an oath that he faked documents to
facilitate the clearance of the^ container no. MSCU 1287231 which contained the
165 Kilograms of Cocaine.
On the ingredients of conspiracy, Counsel referred to the Supreme Court case of
Kaza V. State (2008) 7 NWLR (Pt. 1085) 125 at 133 and submitted that the
prosecution adduced the under listed evidence to prove the conspiracy between the
Appellant and the second accused person in the importation of the container
containing the cocaine?
(i)
Evidence that the Appellant handed over the bill of lading in respect of
container no. MSCU 1287231 which contained the 165 Kilogrammes of Cocaine to
Ibrahim Maidurumi — PW12 and also paid a deposit of N300, 000 to enable him
clear the container containing 165 Kilogrammes of Cocaine. (ii) Evidence that Ibrahim Maidurumi handed the bill of Lading to Audu Ismail,
who in turn gave it to Ugwu Geoffery (the 2nd Accused).
(iii) Evidence that the 2nd accused then forged some documents and made
payments to Ellisbonar Nigeria Ltd to get a release letter to clear the container from
the Tin can Island Port.
Learned counsel urged the Court to affirm the conviction of the Appellant for
conspiracy to import the 165 Kilogrammes of Cocaine into Nigeria.