Justice Akintayo Aluko also forfeited to the Federal Government a white Toyota Tacoma V6 with registration number EKY 883 GK, which was used to transport the illicit narcotic, as proceeds of crime.
On Tuesday, Justice Aluko convicted and sentenced the two businessmen after they pleaded guilty to the National narcotic Law Enforcement Agency’s (NDLEA) three-count charge of conspiracy, unlawful importation, and trading in the forbidden narcotic.
According to the prosecutor, the convicted businesspeople were detained with the unlawful cough syrup on June 10, 2024, at Comfort Oboh Estate, Kirikiri, Apapa, Lagos.
The prosecutor told the court that the two convicts collaborated with others who are currently at large to commit the illegal crime.
The court was also informed that the convicts’ illegal acts violated sections 14(b), 11(a), and 11(c) of the National Drug Law Enforcement Agency (NDLEA) Act Cap N 30, Laws of the Federation of Nigeria 2004, and were punishable under Section 20(2)(b) of the NDLEA Act Cap N 30, Laws of the Federation of Nigeria 2004.
When the charge was read to the two inmates, they pleaded guilty right away.
Based on their guilty plea, the prosecutor called a witness, N. Benjamin, an exhibit keeper with the NDLEA, who presented the majority of the seized narcotics and other evidence in the case, which was admitted by the court.
However, counsel for the inmates pleaded with the court to be lenient in punishing them.
The attorney urged the court to give them a non-custodian sentence or, in the alternative, to issue a fine instead of a jail term.
The lawyer urged the court to grant the pleas, stating that all aggravating elements, including being a first-time offender and pleading guilty to the accusations, were in favour of the prisoners.
After hearing the counsel’s representations and receiving confirmation from the prosecutor that the convicts had no prior convictions, the presiding judge sentenced them to five years in count one, six years in count two, and three years in count three.
The offenders were ordered to pay a fine of N1 million on each count in lieu of a jail term.
The judge, however, ordered that both the jail term and the fine run simultaneously.
Following the conviction of the two businessmen, the prosecutor filed an exparte motion for the confiscation of the vehicle used in the unlawful act.
The prosecutor informed the court that the motion is made in accordance with Sections 3(c), 31(a), 32(c), 33(1)(a), 34, and 36 of the National Drug Law Enforcement Agency Act Cap N30 LFN 2004; Section 44(2)(k) of the Nigerian Constitution 1999; Sections 7, 8, 9, 19(1-3), 21(1), and 22(1) of the Proceeds of Crime Recovery and Management Acts 2022; Order 26 Rule 8 of the Federal High Court Civil Procedure Rules 2009; and the court’s inherent jurisdiction.
She informed the court that the request seeks the following orders: “an order forfeiting to the Federal Government of Nigeria and custody in the applicant of a White Toyota Tacoma V6 with Registration Number EKY 883 GK, being an instrumentality in committing the Crime and a Proceed of Crime.”
“And for such further or other orders as this Honourable Court may deem fit to make in the Circumstances.”
The prosecution informed the court that the motion Exparte for a final forfeiture order is supported by an 18-paragraph document testified to by Kayode Abu Ojo, a litigation officer attached to the NDLEA’s Lagos State Command.
After hearing the prosecutor’s submission and reviewing the provisions of the statutes stated, Justice Aluko directed that the car, a White Toyota Tacoma V6 with Registration Number EKY 883 GK, be finally surrendered to the Federal Government.