African American in Prison
Justice Akintayo Aluko of a Federal High Court sitting in Lagos, has convicted and sentenced two men, Abbah Tasiu Yahaya and Abbah Abdullahi, to a total of seven years for trafficking in 104 kilograms of cannabis Sativa popularly called marijuana.
The two convicts had pleaded guilty to the charges of conspiracy and trafficking the said prohibited weed, when they were arraigned before the court by the National Drug Law Enforcement Agency (NDLEA) in a charge marked FHC/L/748c/2024, on October 15
Following their guilty plea, the prosecutor, Julie Negedu review the fact of the case through an operative of the National Drug Law Enforcement Agency NDLEA Tanyishi Obacha Simon who tendered some exhibits, which includes; the convicts’ confessional statements; Certificate of test analysis; Packing of substance form; Request for scientific aid form; Large sealed brown envelope and drug analysis report which were admitted and marked as Exhibit A to G series.
Upon the conclusion of the review the facts of the case and based on the convicts’ plea of guilty, the prosecutor urged the court to convict the two defendants in accordance with sections 274(2) and 356(2) of the Administration of Criminal Justice Act (ACJA) 2015.
Counsel to the convict, Barr. Bolanle Kolawole in her allucutor, pleaded with the court to tamper justice with mercy.
“We pray for leniency on the convicts. They are being naive. The convicts did not benefit anything from the offences. The convicts were only asked to carry the items to Ogere.
“The convicts may still be useful for themselves. They have promised to go back to their village. We pray for non-custodial sentence.
“I refer the court to sections 311, 416 and 460 of the ACJA. We urge the court to have mercy on the convicts. We pray for an option of fine. I am prepared to pay the fine if the court is willing to give option of fine.”
In delivering ruling on the counsel submissions, Justice Aluko held that: “I have considered the plea of allocutus made on behalf of the Defendants/Convicts.
“I have also considered the provisions of the relevant sections of the NDLEA Act under which the convicts were charged.
“I have taken into account the punishments provided under the Act which are minimum of 15 years and life imprisonment over the 1st and 2nd counts.
“I have taken into account the quantity of the substance which is in large commercial quantity.
“I have also applied the mitigating and aggravating factors provided under the ACJA.
“The fact that the Convicts are first-time offenders and the decision to admit their guilt have been looked into.
“The impact of drug business on the national status, integrity of the country and on the state of health of Nigerians coupled with the effect on the crime rate in the country have been taken Into account.
“While I feel that the convicts should enjoy some mitigations having admitted their guilt; that notwithstanding, I am of the view that the interest of justice which is to rid the society of crime must be served.
“For the reason of the above, each of the 1st and 2nd defendants/convicts is sentenced to 3 years imprisonment on count 1. Each of the 1st and 2nd
Convicts is sentenced to 4 years imprisonment on count 2.
“The terms on the two counts shall run concurrently starting from the date of arrest and detention.
“I order that the illicit drugs in exhibits G and G1 shall be returned to the Agency for public destruction by burning after the expiration of the statutory period of appeal.”
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