Justice Akintayo Aluko of the Federal High Court in Lagos has convicted and sentenced a drug Baron, Ibemesi Francis, also known as Chisco, to seven years in prison for trafficking 1,762.8 kilograms of cannabis sativa, commonly called marijuana.
Justice Aluko also mandated the final forfeiture of assets seized from the convict, including money, vehicles, and land to the federal government.
The convict was jailed after he pleaded guilty to a one-count charge brought against him by the National Drug Law Enforcement Agency (NDLEA).
The prosecutor, Abu Ibrahim, had earlier informed the court that the suspect was arrested with the prohibited drug at his residence located at 19, Agboke Street, Okota, Lagos State.
He was subsequently charged before the court.
Following his plea, the prosecutor reviewed the facts of the case, tendered some exhibits and urged the court to convict and sentence the defendant accordingly.
However, the defence counsel, Uchenna Okenyin, appealed for leniency, arguing that his client pleaded guilty promptly and this was his first offence with no prior convictions.
He pleaded with the court to consider a non-custodial sentence or a fine instead of imprisonment.
After listening to the lawyers, Justice Aluko sentenced the convict to seven years in prison and ordered him to pay a fine of N8 million.
Following the conviction, the prosecutor moved for the final forfeiture of his properties and assets to the federal government, claiming they were proceeds of drug trafficking.
The prosecutor invoked Section 44(2)(k) of the 1999 Constitution (as amended), and Sections 3(1)(a) & (c); 27(1)(a) & (b); 32(c), 33(1)(a) & (b); (2)(a) & (b); 34; and 36(a) & (b) of the NDLEA Act, citing the court’s inherent jurisdiction.
The forfeiture targeted bank accounts at Access Bank (Account No: 0067681867) and Ecobank (Account No: 4011004067), with amounts of USD 11,600, £2,000, €62,200, and CAD 50.
Additional assets include: a silver Toyota Sienna (Reg. No: LAGOS FKJ 259 JJ), a black Toyota Highlander (Reg. No: ABUJA ABJ 912 BZ), a white Volkswagen Bus (Reg. No: LAGOS MUS 554 YF), and a black Lexus 460 (Reg. No: LAGOS JJJ 227 JV).
The forfeited landed properties included a property registered as DAISY GARDEN at No. 7, Pius Eze Street, off Alhaji Agbake, Ago-Palace Way, Isolo, and another at No. 19, Agboke Street, Okota, Lagos, pending further investigation.
The prosecutor argued that preliminary investigations confirmed that these funds and properties were proceeds of drug trafficking, and that they should be preserved to prevent dissipation.
He submitted that the suspect was not legally entitled to retain suspected illegal proceeds and that the motion was supported by an affidavit from NDLEA Litigation Officer, Okonkwo Ebuka Anthony.
The prosecution urged the court to forfeit all the mentioned assets to the Nigerian government, asserting they were linked to illegal drug activities.
Okenyin strongly opposed the application, claiming the assets were not proceeds of drug trafficking.
In his judgment, Justice Aluko granted the application, ordering that the monies, vehicles, and properties be forfeited to the federal government as proceeds of drug trafficking.
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