By Stephen Simon
The National Drug Law Enforcement Agency (NDLEA) on Monday commenced the trial of businessman, Chief Ukatu Afamefuna Mallinson, and two associates, Pius Enidom and Sunday Ifeanyi Ibekwute, before the Federal High Court in Lagos over allegations of conspiracy, unlawful possession and trafficking of 322 kilograms of Tramadol.
The trial began before Justice Yellim Bogoro, who recently took over the matter following the transfer of the former trial judge, Justice Peter Lifu, to the Abuja Division of the Federal High Court.
The three defendants are facing prosecution by the NDLEA in charge number FHC/L/159C/2021. They were first arraigned in 2022 and pleaded not guilty to the charges.
According to the prosecution, the defendants allegedly conspired on or about May 4, 2021, at Ikeja, Lagos, to possess 322 kilograms of Tramadol, a narcotic drug, without lawful authority.
The NDLEA alleged that the offence contravenes Section 14(b) of the National Drug Law Enforcement Agency Act, Cap N30, Laws of the Federation of Nigeria, 2004. The agency also accused the defendants of knowingly possessing the prohibited substance without lawful authority, contrary to Section 11 of the Act.
At the resumed hearing, the prosecution team led by Barrister Adekunle Adebajo and Barrister Owoyomi informed the court that the matter was scheduled for the commencement of trial and proceeded to call its first witness.
The witness, Mr. Dogo Hyelda Moses, an NDLEA operative, testified on the role he played in the investigation after the defendants were arrested and handed over to him alongside exhibits allegedly recovered during the operation.
Moses told the court that the suspects and the exhibits were transferred to him as part of the agency’s investigative process. He subsequently explained the procedures he followed in handling the defendants and the items recovered.
During cross-examination, defence counsel, including Senior Advocate of Nigeria, B.C. Igwilo, alongside Omon Omofoma and Ayowande Olatunji, questioned the witness on aspects of his testimony and the investigation.
The commencement of evidence marks a significant stage in the criminal proceedings, which have been pending since the defendants were arraigned several years ago.
Following the proceedings, Justice Bogoro adjourned the case until November 5 for continuation of trial.
The prosecution is expected to call additional witnesses as it seeks to establish the allegations against the defendants. However, the defendants have denied the charges and continue to enjoy the constitutional presumption of innocence pending the determination of the case by the court.
