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GABRIEL ONYEBUCHI OBI v. FEDERAL REPUBLIC OF NIGERIA

(2016) JELR 36807 (CA)

Court of Appeal  •  CA/L/629/2014  •  24 Mar 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Okechukwu Okeke J of the Federal High Court, Lagos Division in Suit No. FHC/L/89C/2011 delivered on the 17th day of May, 2013 wherein the Appellant, Gabrielle Onyebuchi Obi and Ugwu Geoffrey (2nd accused) were convicted on the first count of the offence of conspiracy to import 165 Kilogram of Cocaine into Nigeria; and on the second count of importation of the said 165 Kilogrammes of Cocaine into Nigeria. They were sentenced to 15 years imprisonment on the first count and 5 years on the second count, the sentences to run concurrently for 15 years.

THE FACTS: Sometime in November 2010, the National Drug Law Enforcement Agency (NDLEA) received intelligence report that three containers Nos. MSCU 1816340, MSCU 3668026 and MSCU 1287231 originating from Bolivia were suspected to be carrying Cocaine, a narcotic drug. NDLEA Operatives mounted surveillance of Tin can Island Port Lagos for …

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