Abimbola Daniel: 11-Year Cannabis Importation Sentence in Nigeria

• Abimbola Daniel, a Canadian-based Nigerian, received an 11-year prison sentence from the Federal High Court in Lagos for unlawfully importing and possessing 2.5 kilograms of Cannabis.
• Justice Akintayo Aluko delivered the judgment after Daniel pleaded guilty to a two-count charge filed by the National Drug Law Enforcement Agency (NDLEA).
• The illicit substance was imported from Canada via Ethiopian Airlines and discovered in cargo at Murtala Muhammed International Airport, Ikeja, Lagos.
• The conviction was based on Sections 11(2) and 20(1) of the NDLEA Act, Cap N30, Laws of the Federation of Nigeria 2004.
• The court offered Daniel the option to pay fines of N500,000 for the first count and N600,000 for the second count, totaling N1,100,000, as an alternative to imprisonment.

The court offered Daniel the option to pay fines of N500,000 for the first count and N600,000 for the second count, totaling N1,100,000, as an alternative to imprisonment.

The Federal High Court in Lagos recently concluded a significant drug trafficking case, convicting and sentencing Abimbola Daniel, a Nigerian residing in Canada, to a cumulative 11 years in prison. Justice Akintayo Aluko presided over the proceedings, which saw Daniel plead guilty to a two-count charge brought by the National Drug Law Enforcement Agency (NDLEA). The charges specifically related to the unlawful importation and possession of 2.5 kilograms of Cannabis, a prohibited substance under Nigerian law.

The prosecution, led by Arit Okon, detailed how Daniel imported the illicit substance from Canada. The Cannabis was transported via an Ethiopian Airlines flight and cleverly concealed within cargo, identified by waybill number 07161185795. This consignment entered Nigeria through the Customs Import Shed located at Murtala Muhammed International Airport in Ikeja, Lagos. Daniel had engaged Afriway Cargo and Logistics, situated at 20B Anthony Udo Avenue, International Airport Road, Ikeja, to facilitate the clearing of the cargo, and his arrest occurred when he arrived to collect the illicit package.

Following Daniel's arrest and the subsequent completion of investigations, the NDLEA formally charged him with the two counts of unlawful importation and possession of the 2.5kg of Cannabis. During the court proceedings, an exhibit keeper for the agency, Abdullahi Musa, provided a review of the case facts and presented the recovered exhibits, which the court admitted as evidence. Prosecutor Okon urged the court to proceed with conviction and sentencing based on Daniel's guilty plea, the presented evidence, and the provisions of the Administration of Criminal Justice Act (ACJA) 2015.

The charges against Abimbola Daniel were rooted in specific provisions of the National Drug Law Enforcement Agency Act. He was accused of offences punishable under Sections 11(2) and 20(1) of the NDLEA Act, Cap N30, Laws of the Federation of Nigeria 2004. These sections delineate the legal prohibitions against the importation and possession of controlled substances, underscoring the gravity with which Nigerian law treats such infractions.

In response to the prosecution's arguments, Daniel's defence counsel, Chief Benson Ndakara, presented mitigating factors to the court. Ndakara highlighted Daniel's early guilty plea as a sign of remorse and cooperation, and also emphasized that his client had no prior criminal record. Leveraging relevant provisions of the Administration of Criminal Justice Act, the defence counsel advocated for a non-custodial sentence, seeking a more lenient outcome for Daniel given the circumstances.

Justice Akintayo Aluko, after carefully considering all arguments presented by both the prosecution and the defence, and reviewing the legal authorities cited, delivered the court's judgment. The judge acknowledged Daniel's lack of previous convictions as a factor in his decision. For the first count of unlawful importation, Daniel received a sentence of five years' imprisonment. For the second count, pertaining to unlawful possession, he was sentenced to six years' imprisonment. These sentences are to run consecutively, resulting in a total of 11 years' imprisonment.

Crucially, the court provided Abimbola Daniel with an alternative to incarceration. For the first count, he was offered the option of paying a fine of N500,000 in lieu of the five-year prison term. Similarly, for the second count, a fine of N600,000 was offered as an alternative to the six-year prison sentence. This provision allows Daniel to avoid imprisonment by paying a total of N1,100,000, demonstrating the court's discretion in applying the law while still upholding the severity of the drug importation conviction under the NDLEA Act.

This case provides a recent precedent for sentencing in drug importation and possession cases under the NDLEA Act, particularly highlighting the court's approach to guilty pleas and the option of fines in lieu of imprisonment. Lawyers should note the severity of sentences for such offences and the factors considered by the Federal High Court in Lagos when advising clients on potential outcomes.

Source: Original reporting via Punch Newspapers