The National Drug Law Enforcement Agency, NDLEA, on Monday commenced trial of billionaire businessman, Chief Ukatu Afamefuna Mallinson, alongside two associates, Pius Enidom and Sunday Ifeanyi Ibekwute, before the Federal High Court in Lagos over allegations of conspiracy, unlawful possession, and trafficking in 322 kilograms of Tramadol.
The trial commenced before Justice Yellim Bogoro, who took over the case following the transfer of the former trial judge, Justice Peter Lifu, to the Abuja Division of the Federal High Court.
The three defendants are being prosecuted by the NDLEA in charge number FHC/L/159C/2021.
They were arraigned in 2022 and pleaded not guilty to the charges.
Prosecution’s allegations
According to the charge, the NDLEA alleged that the defendants conspired among themselves on or about May 4, 2021, at Ikeja, Lagos, to possess 322 kilograms of Tramadol, a narcotic drug, without lawful authority.
Specifically, in one count, the agency alleged that Pius Enidom, Sunday Ifeanyi Ibekwute, and Chief Ukatu Afamefuna Mallinson conspired to possess the prohibited substance, an offence said to be contrary to and punishable under Section 14(b) of the National Drug Law Enforcement Agency Act, Cap N30, Laws of the Federation of Nigeria, 2004.
The prosecution further alleged that the three defendants knowingly possessed the 322 kilograms of Tramadol without lawful authority, contrary to and punishable under Section 11 of the same Act.
The NDLEA contends that the offences were committed within the jurisdiction of the Federal High Court in Lagos.
First witness testifies
At Monday’s proceedings, the prosecution team, led by Barrister Adekunle Adebajo and Barrister Owoyomi, informed the court that the matter was fixed for the commencement of trial and called its first witness.
The witness, Mr. Dogo Hyelda Moses, an operative of the NDLEA, testified on the role he played after the defendants were arrested and brought before him alongside exhibits allegedly recovered during the operation.
Giving evidence, Moses narrated how the suspects and the exhibits were handed over to him as part of the agency’s investigative process.
He explained the steps he took in relation to the handling of the defendants and the recovered items.
The witness was then cross-examined by defence counsel, including Senior Advocate B.C. Igwilo, SAN, as well as Omon Omofoma and Ayowande Olatunji, who appeared for the defendants.
Next adjournment
The commencement of evidence marks a significant development in the criminal proceedings, which have been pending since the defendants were first arraigned several years ago.
Following the conclusion of the day’s proceedings, Justice Bogoro adjourned the matter until November 5 for continuation of trial.
The prosecution is expected to call additional witnesses as it seeks to establish the allegations that the defendants conspired to possess and unlawfully possessed 322 kilograms of Tramadol.
The defendants maintain their innocence and continue to enjoy the constitutional presumption of innocence pending the determination of the charges against them.
