Man gets two years jail term over illegal cannabis deal

AFEDERAL High Court, Lagos has convicted and sentenced a 32-year-old man, Cyril Ewelike, to a term of two years imprisonment for hemp trafficking.

Justice Ibrahim Kala convicted the defendant on a two-counts charge bordering on conspiracy and unlawful export of 3.4kg of cannabis to Dubai.

The National Drug Law Enforcement Agency (NDLEA) preferred the charges against him.

The judge, however, gave the defendant an option of fine of N200,000.

He was arraigned on February 1, 2024 and pleaded guilty to the charge.

The court had, however, adjourned the case, sequel to an application by prosecution, Mrs Juliana Iroabuchi, for a short adjournment to enable her to review the facts of the case. While reviewing the facts of the case, the prosecutor tendered nine exhibits which the court admitted as evidence for the prosecution. She then urged the court to proceed and convict the defendant based on his plea and the evidence of prosecution.

Before the judgment, the court asked the defendant if he agreed with the facts as presented by the prosecution, and the defendant had no objection.

Justice Kala, therefore convicted the defendant as charged.

Before his sentence, defence counsel, Mrs. Kate Igbo pleaded with the court to show mercy on the convict as he was a first-time offender with no past criminal records, and urged the court to give an option of fine.

In response, the prosecutor informed the court that although the defendant had no previous criminal record, there were aggravating factors which the court should consider in sentencing the convict.

She informed the court that the convict did not plead guilty at first instance when he was first arraigned before a brother judge, Justice Yellin Bogoro.

She also said that the convict had faked documents for the bail granted to him by Justice Bogoro, and that his change of plea was only an afterthought.

She told the court that granting the convict an option of fine is simply a ridicule to the bench and bar and sends a very wrong signal to the society at large.

Iroabuchi argued that justice is not only for the convict alone but a three-way traffic which is for the convict, the state and the society at large.

She referred the court to the provision of section 311 of the ACJA, which provides for deterrence and urged the court to so hold.

In his judgment, Justice Kala, sentenced him to a term of two years imprisonment, with an option of N200,000 fine.

The court ordered that the drug exhibit be destroyed by the NDLEA, within 60 days, if there is no appeal against the judgment.

According to the charge, the defendant committed the offence on December 5, 2022, during the examination of cargo at the Shaco export shed of the Murtala Mohammed Airport.

Prosecutor said that the convict exported 3.4 kg of cannabis, without lawful authority, to Dubai.

She said that the convict committed the offence in conspiracy with one Uche Onowu, a Nigerian who resides in Dubai, but now at large.

His offence contravenes the provision of section 11(b) and 14(b) of the NDLEA Act 2004, she said.