Case Law

Abimbola Daniel Cannabis Conviction Nigeria: FHC Lagos Imposes 11-Year Sentence

Nigeria·Briefly Analysis⏱️ 4 min read

Summary

  • Abimbola Daniel was sentenced to 11 years imprisonment by a Federal High Court in Lagos for unlawfully importing and possessing 2.5kg of cannabis.
  • Justice Akintayo Aluko handed down the sentence after Daniel pleaded guilty to charges filed by the National Drug Law Enforcement Agency.
  • The cannabis was imported from Canada via Ethiopian Airlines and discovered concealed in cargo.
  • Daniel's defence counsel successfully argued for a non-custodial sentence option, citing his early guilty plea and the Administration of Criminal Justice Act 2015.
  • The judge offered an alternative fine of N500,000 for the first count and N600,000 for the second count, totalling N1.1 million, instead of the prison terms.

Court Hands Down Sentence for Cannabis Importation

The judge, however, gave him the option of a fine of N500,000 on the first count and N600,000 on the second count instead of the custodial sentences.

A Federal High Court in Lagos has sentenced Abimbola Daniel, a Nigerian national who had returned from Canada, to a total of 11 years in prison for the unlawful importation and possession of 2.5 kilograms of cannabis. Justice Akintayo Aluko delivered the judgment on Monday, following Daniel's admission of guilt to a two-count charge brought against him by the National Drug Law Enforcement Agency (NDLEA). The charges, designated FHC/LAG/CR/609/2026, specifically addressed the illegal importation and subsequent possession of the prohibited substance.

The prosecution, led by Arit Okon, detailed how Daniel brought the illicit drug into Nigeria from Canada aboard an Ethiopian Airlines flight. The cannabis was found concealed within cargo, identified by waybill number 07161185795. Daniel had reportedly engaged Afriway Cargo and Logistics, situated at 20B, Anthony Udo Avenue, International Airport Road, Ikeja, Lagos, to facilitate the clearance of this consignment. His arrest occurred when he attempted to collect the package after its arrival in Nigeria, with subsequent investigations leading to his formal arraignment.

Legal Framework and Defence Arguments

The offences committed by Abimbola Daniel were prosecuted under Sections 11(2) and 20(1) of the National Drug Law Enforcement Agency Act, Cap. N30, Laws of the Federation of Nigeria 2004, with penalties prescribed by Section 20(2) of the same Act. During the proceedings, Daniel pleaded guilty to both counts. Following his plea, the prosecution, through NDLEA exhibit keeper Abdullahi Musa, presented the facts of the case and tendered exhibits, which the court admitted as evidence. The prosecution then urged the court to convict and sentence Daniel, referencing his guilty plea, the evidence, and relevant provisions of the Administration of Criminal Justice Act (ACJA) 2015.

In response, Daniel's legal team, comprising Benson Ndakara as lead counsel and Dennis Warri, appealed to the court for leniency. They highlighted Daniel's early guilty plea and his clean record, emphasizing that he had no prior criminal convictions. Crucially, the defence invoked Sections 311(2)(c) and 412(2)(c) of the ACJA 2015, advocating for a non-custodial sentence rather than imprisonment. The alleged importation occurred on July 14, 2026, at the Customs Import Shed, Murtala Muhammed International Airport, Ikeja, Lagos, while the possession was alleged on July 15, 2026, at Afriway Cargo and Logistics, Ajao Estate, Ikeja, Lagos.

Sentencing and Discretionary Fines

After carefully considering the arguments presented by both the prosecution and the defence, including the legal authorities cited, Justice Akintayo Aluko delivered the sentence. For the first count, Daniel received a five-year prison term, and for the second count, a six-year prison term. This resulted in a cumulative sentence of 11 years. However, in a significant exercise of judicial discretion, Justice Aluko offered Daniel the alternative of a fine.

Specifically, the judge provided an option of paying N500,000 for the first count and N600,000 for the second count, in lieu of the custodial sentences. This aspect of the Federal High Court Lagos sentencing in the Abimbola Daniel cannabis conviction Nigeria case underscores the court's ability to apply provisions of the ACJA 2015, even in serious drug trafficking matters involving substantial quantities of cannabis importation Nigeria penalty. The decision to offer a non-custodial sentence option, despite the gravity of the drug trafficking charges, highlights a nuanced approach to justice.

Practical Implications

This case highlights the Federal High Court's discretion in sentencing for drug trafficking under the NDLEA Act, particularly the application of a fine option despite a guilty plea and substantial quantity. Defence counsel should note the successful reliance on ACJA 2015 provisions to argue for non-custodial sentences, providing a precedent for similar drug offence cases.

Source

Source: Original reporting via PUNCH

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