A Nigerian businessman has lamented harm carried out by alleged media trials to the repute of individuals wrongly accused of crime in Nigeria.
Etomchukwu Ubah, popularly often called Toscana, spoke whereas reacting to a ruling by the Federal Excessive Court docket, an announcement despatched to PREMIUM TIMES on Tuesday by his media aide, Francess Ogbonnaya, stated.
Mr Ubah who’s the CEO of Visoch Sources Ltd was in 2015 suspected of illegally exporting 576kgs of narcotics to South Africa by means of the Apapa Port.
The drug made up of 266kg of methamphetamine and 310kgs of ephedrine valued at N4.6 billion had been hidden inside noodles, cereals and palm oil, NDLEA stated on the time of his arrest.
Acquittal
Nonetheless, in 2021, the matter was dismissed by the courtroom and he was freed.
In keeping with a judgment doc seen by PREMIUM TIMES, Mr Ubah and 13 different defendants stood trial on “eight rely cost of conspiracy to export, dealing and exporting methamphetamine, a drug much like Cocaine, Heroin and LSD and Ephedrine a Managed Substance opposite to and punishable beneath Sections L4(b), 11(b), 20(1)(a) 8{ (2)(b), 19 and 20(1X0 &. (2)(a), of the Nationwide Drug Legislation Enforcement Company Act, Cap N30, LFN respective in March 2016 and “discharged and acquitted on all counts” in 2021.
Nonetheless, Mr Ubah was solely talked about in three counts — conspiracy, to cope with exportation and illegal dealing within the substances.
Conspiracy
The courtroom dominated that there was no proof linking the primary defendant (Mr Ubah), who was described by the prosecution because the “hub of the crime”, to the container containing the narcotics.
“The primary defendant was not seen the place the container was being stuffed or packed, nor was the third defendant,” the courtroom stated.
“These are the one defendants who appeared to have a reference to the container. What’s extra, the packing checklist for the container was by no means tendered and there’s no proof of a invoice of lading within the title of any of the defendants referring to the container in situation.
“It’s the case for the prosecution that as a result of the telephone numbers of all of the defendants, save the third defendant, had been discovered on the telephone name log of the primary defendant, that was why they had been charged to courtroom.
“That was the testimony of PW10 who himself admitted that being on an individual’s telephone log will not be proof that he conspired with that particular person to commit against the law. I don’t additionally agree with the prosecutor that the defendants ought to clarify their conversations and transactions with the 1″ defendant. In any occasion, there isn’t any proof that the stated name logs had been analysed and there’s no forensic proof of any such evaluation earlier than the courtroom,” the decide stated.
Exportation
Depend two offers with exportation of narcotics. In keeping with the proof earlier than the courtroom, it was not the primary defendant that introduced the container to the Apapa seaport.
“Certainly, the proof earlier than the courtroom is that the primary defendant was by no means seen across the container throughout the surveillance that led to the primary defendant being invited to determine the container,” the doc exhibits.
“Not one of the defendants (other than the primary defendant) was additionally on the Apapa Port. Even the primary defendant’s presence on the Seaport was pursuant to investigations by the NDLEA and never in furtherance of against the law.”
The courtroom additionally stated that the prosecution didn’t show that Mr Ubah had any “connection” with the container.
“I need to subsequently discover and maintain that there isn’t any floor for continuing with the cost of unlawfully exporting narcotics in opposition to all of the defendants. All of the defendants are subsequently hereby discharged and acquitted as per rely 2.”
Illegal dealings
This cost has to do with unlawfully coping with the stated substance.
“Usually on this cost, PW10 (a witness) has made a case of the defendants by testifying that there was nothing by any means to attach the defendants with the cost earlier than the Court docket,” the decide dominated.
“There’s even no proof that any of the defendants had something to do with the substances. Accordingly I discover that there isn’t any case in opposition to all of the defendants as regards Depend 3.
All of the defendants are discharged and acquitted as regards Counts 1 – 3.”
The courtroom additionally ordered that the cash discovered on the first defendant’s (Mr Ubah) residence be returned to him.
Enterprise setback
Mr Ubah stated since being cleared in 2021 of the drug fees, the media that earlier reported his arrest didn’t report his acquittal.
He stated this has affected his enterprise.
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“For instance since 2021, the Federal Excessive Court docket sitting in Ikoyi cleared me of all rely fees bordering on unlawful importation of medication, however the media which went into city in 2015 with the allegations didn’t deem it mandatory {and professional} to report again to Nigerians and the entire world that I used to be discovered harmless,” Mr Ubah stated.
“Have you ever imagined the influence of the allegations on my household and even enterprise?
He, nevertheless, thanked his household and companions for “all the time believing in him.”
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