Samuel Ayo Omoju V. The Federal Republic (2008)

LAWGLOBAL HUB Lead Judgment Report

NIKI TOBI, J.S.C

The facts of this case are bizarre, uncouth, life threatening and outrageous, in the sense that it is widely and wildly unexpected and unusual. They show to what extent human beings go for money and the way humanity adores or worships money. To such human beings, it is either money or nothing and they can die for money. Fortunately, a two-year jail term is not anything near death. It is a case of a human being, not just a human being; a Pastor, a man of God, so to say, swallowing 118 wraps or pieces of heroine and excreting same in a toilet at the Nnamdi Azikiwe International Airport, Abuja, in his forced defecation between 4.05 am and 5.27 pm on 9th March. 2003. That human being and Pastor is the appellant.

The story is most sickening and horrifying. Although I dread it, I will tell it in the way the appellant told it in his statement to the officers of the National Drug Law Enforcement Agency. Appellant got his international passport in 2001 and started travelling to the United States on 26th January of that year. His last trip was in October, 2002 and he returned in November, 2002. Appellant arrived Abuja on 6th March, 2003 for the aborted New York trip.9th March, 2003 was the day for the trip. He spent three days in Abuja where one Are met him and gave him the ticket for the trip. Are handed over to the appellant 118 wraps or pieces of heroine which he swallowed with water. Are took appellant to the airport where he checked in his luggage. The screening eyes of NDLEA officials, on suspicion, detained the appellant to wait for nature’s call of defecation. That call came at about 4.05 am and appellant started to unload his filled stomach not with food though, but with 118 wraps or pieces of heroine. As he was unable to cheat the call, he excreted a total of 118 wraps or pieces. The trade or commercial value of appellant’s business of risk was ten thousand US dollars. His pocket could have been richer by that amount if he successfully executed the bad business. But that was not to be.

Appellant was arraigned on 22nd May, 2003 of exporting 1.1 kg of heroine. He pleaded not guilty. On 30th October, 2003, the charge was amended by substituting the word cocaine for heroin. Again he pleaded not guilty. On 29th January, 2004 the prosecution served on the appellant the proof of evidence. On 29th July, 2004 when the case was called for hearing, counsel for the appellant indicated to the court that his client intended to change his plea. Following this development, the charge was read to the appellant again and he pleaded guilty. Arithmetically, appellant had three pleas, two not guilty and one guilty. The learned trial Judge, Nyako, J. sentenced him to a term of 2 years.

Let me reproduce the proceedings at pages 14 and 15 of the Record:

“Mrs. Alhaji: We are ready for hearing. We have one witness in court.

Mr. Nganjiwa: My client intends changing his plea.

Mrs. Alhaji: We apply that the charge be read to the accused again for a fresh plea.

Charge read to accused once again in English, he understands and pleads guilty to the charge.

Mrs. Alhaii: The facts are as contained in the charge. In support, we tender the drug analysis report, ranking of substance form and certificate of test analysis and the recovered Exhibits, an analysis containing the analysed substance, the statement of the accused and his travelling documents. We urge the court to convict the accused as charged.

Mr. Nganjiwa: No objection.

COURT: Admitted and marked Exhibit A-H.

Mr. Nganjiwa: We plead for leniency.

COURT: In the light of the plea of the accused person, the evidence tendered in proof of the charge and the recovered drug, I find the accused guilty as charged and by virtue of Section 10(b) of the Nigerian Drug Law Enforcement Act convict him accordingly.