Akin Kuponiyi
A Federal high court sitting in Lagos south west Nigeria has issued order of arrest against a Nigerian businessman Pius Enidom alleged to have failed to appear before the court to answer charges of drug related offences after he was granted bail.
Criminal Charge of trafficking in Tramadol was filed against Pius Enidom and two others namely Sunday Ifeanyi Ibekwute and Ukatu Afamefuna Mallinson who were charged before the court. alongside,two other accused persons
The order of the court was as a result of submission of his lawyer,Chief Benson Ndakara. During the last adjourned day, when the accused failed to appear in court,the presiding Judge Peter Lifu,ordered that the accused and his sureties should appear in court.
However,the accused and his sureties failed to appear in court as they disobeyed the other of the court.
In his Submission, Chief Ndakara said as an officer in the temple of justice,he will not be objecting to any order made by the court, because he convey the order of the court to both the defendant and his sureties, therefore there was no reason while they should not be in court today.
Consequently,in a bench ruling,Justice Lifu issued bench warrant against the accused, while his sureties were ordered to show cause.
In a related development,Mr Victor Opara SAN leading five other lawyers,in his Submission stiffly opposed the application of the NDLEA prosecutor Mrs Theresa Asuquo seeking for an adjournment,on the ground that the two other defendants have been in the custody of NDLEA since April, this year without any former charge neither were they granted any administrative bail.
Consequently,Mr Opara SAN urged the court to consider the issue of granting them bail
However, Justice Lifu stood down the case for two hours to enable the prosecutor to produce the defendants, since,Mrs Asuquo said they are being detained at NDLEA facility at NACHO Murtala International Airport Ikeja
At the resumed hearing of the case,the NDLEA prosecutor Mrs Asuquo produced the two defendants, Sunday Ifeanyi Ibekwute and Ukatu Afamefuna Mallinson thereafter,the charge filed against them was read to them they
pleaded not guilty.
Consequently, Chief Benson Ndakara while arguing the bail application urged the court to grant them bail,as they will surely come back to face trial, however,Mrs Asuquo urge the court not to grant them bail as they are flight risk.
After listening to the submission of the two parties, Justice Lifu adjourned till 18th July,2022 for ruling.
According to four count amended charge number FHC/L/159C/2021 filed before the court,by Director,Prosecution & legal services of National Drug Law Enforcement Agency NDLEA,Barrister Nbona J. Sunday,the three accused persons were alleged to have conspired among themselves to possess and traffic in 322 kilogrammes of Tramadol a narcotic drug without lawful authority and thereby committed an offence contrary to and punishable under the. NDLEA Act.
A Senior Advocate of Nigeria Mr. Yusuf Ali has been hired by the Attorney General of Federation to lead the prosecution team for effective and diligent prosecution.
The Amended charge as filed before the court.
COUNT 1
That you PIUS ENIDOM, Male, Adult, SUNDAY IFEANYI IBEKWUTE, Male, Adult and UKATU AFAMEFUNA MALLINSON, Male Adult on or about the 4th day of May 2021 at Ikeja, Lagos within the jurisdiction of this Honourable Court conspired among yourselves to traffic in 322 Kilogrammes of Tramadol, a narcotic drug without lawful authority and thereby committed an offence contrary to and punishable under Section 14(b) of the National Drug Law Enforcement Agency (NDLEA) Act Cap N30 Laws of the Federal on Nigeria (LFN) 2004
COUNT 11
That you PIUS ENIDOM, male Adult, SUNDAY IFEANYI IBEKWUTE,Male, Adult and UKATU AFAMEFUNA MALLINSON, Male Adult on or about the 4th day of May 2021at Ikeja, Lagos within the jurisdiction this Honourable Court trafficked in 322 Kilogrammes of Tramadol, a narcotic drug without lawful authority and thereby committed an offence contrary to and punishable under Section 11(b) of the National Drug
Enforcement Agency (NDLEA) Act Cap N30 Laws of the Federal Nigeria (LFN) 2004
COUNT 111
That you PIUS ENIDOM Male Adult,SUNDAY IFEANYI IBEKWUTE,Male Adult and UKATU AFAMEFUNA Male, Adult on or about the 4th day of May 2021at Ikeja,Lagos within the jurisdiction of this honorable court
conspired among yourselves to possess 322 kilogrammes of Tramadol a narcotic drug without lawful authority and thereby committed an offence contrary to and punishable under section 14(b) of the National Drug Law enforcement Agency(NDLEA)Act Cap N30 Laws of the Federal on Nigeria (LFN)2004.
COUNT IV
That you PIUS ENIDOM, Male, Adult, SUNDAY IFEANYI IBEKWUTE, Male, Adult and UKATU AFAMEFUNA MALLINSON, Male Adult on or about the 4th day of May 2021 at Ikeja, Lagos within the jurisdiction of this Honourable Court knowingly possessed 322 Kilogrammes of Tramadol, a narcotic drug, without lawful authority and thereby committed an offence contrary to and punishable under Section 11 of the National Drug Law Enforcement Agency (NDLEA) Act Cap N30 Laws of the Federal on Nigeria (LFN) 2004.