By Jude-Ken Ojinnaka
After months of foot dragging, the National Drug Law Enforcement Agency, (NDLEA), has finally docked ten nationals of different countries for allegedly importing 24 kilograms of cocaine into Nigeria.
The defendants, Krasnoperov Oleksii, captain of the Vessel, MV COOPER ISLAND, Enesa Julio (Jnr) Pedrogosa, Nonan Ulysses Donia, Torino Jhundhel Adang, Alado Elpe De Pedro, Empedrado Ryan De Jesus, Liquit Niel Morrss Auxtero, Akulov Oleg, Frugalidad Francis Cabatuna and Duran Niel Stephen Dias being crew members of the Vessel, MV COOPER ISLAND were said to have committed the offense on or about 6th of July 2023 by allegedly hiding the 24 kilograms of Cocaine inside raw sugar imported from Brazil by one of Nigeria’s major manufacturing giants.
When the matter came up for trial before Justice Ayotunde Faji of the Federal High Court, Lagos on Tuesday, the prosecution led by Mrs J.R. Obi, Director of Legal Service, NDLEA told the trial Judge that the prosecution has a three count charge pending before the court and pleaded with the court to order that the charge be read to the defendants so that they can take their plea.
However, Mr Babajide Koku (SAN) objected to the reading of the charge on the ground that his client, the third defendant in the charge, Sea Power Limited (chatterer of MV Cooper) was not properly served in accordance with the rules, as his client was served by Currier service instead of personal service.
After arguements were taken on the validity or otherwise of the service, the prosecuting team agreed that the name of the third defendant be struck out from the charge so that the arraignment can proceed. Consequently, Justice Faji struck out the name of the third defendant from the charge and ordered that the charge be read to other defendants.
Consequently the charge was read and all the defendants pleaded not guilty to same.
The charge against the defendants reads; that you Krasnoperov Oleksii, being the captain of the Vessel, MV COOPER ISLAND, MV COOPER ISLAND, Enesa Julio (Jnr) Pedrogosa, Nonan Ulysses Donia, Torino Jhundhel Adang, Alado Elpe De Pedro, Empedrado Ryan De Jesus, Liquit Niel Morrss Auxtero, Akulov Oleg, Frugalidad Francis Cabatuna and Duran Niel Stephen Dias being crew members of the Vessel, MV COOPER ISLAND on or about 6th day of July 2023 conspired to transport 24 kilograms of Cocaine, a Narcotic Drug. from the port of Santos State of Sao Paulo, Brazil to JOSEPDAM Port, a berthing Point under Tin Can Island Port, Lagos within the jurisdiction of the Court and thereby committed an offence contrary to and punishable under Section 14 (b) of the National Drug Law Enforcement Act Cap N30 Laws of the Federation of Nigeria 2004
Following the reading of the charge and the defendants plea of not guilty to same, their counsel Mr Tunde Adejuyigbe (SAN), told the court that he has two pending applications before the court and prayed that he should be allowed to move the applications.
He identified the first applications as the motion for the bail of the defendants, while the second motion was for an order directing the NDLEA to deposit the international passports of the defendants with the Registrar of the Court pending the hearing and conclusion of the trail.
On the issue of bail, Adejuyigbe (SAN), informed the court that since the defendants are of foreign nationals who have nobody to stand sureties for them in Nigeria, the defendants through the team of their counsel have reached an understanding with the NDLEA to pay the sum of $40,000 as bail bond for each of the defendants into an escrow account with joint signatories of both the prosecution and defence team.
Further on the issue of bail for the Vessel MV Cooper Island, Adejuyigbe said the sum of $5million was also paid into the escrow account to allow the ship to sail away immediately while the matter is pending but with an undertaking not to sell the vessel for the period of two years that the trial may last.
The Silk counsel said that both the prosecution and defence have also agreed that the court should adopt the agreed terms as the bail conditions for the defendants.
Justice Faji sought for clarifications from the prosecution team and they also confirmed the position of the terms as well as the payment of the sum into the escrow account.
In his ruling on the motion for bail, Justice Faji adopted the terms agreed by the parties as the bail conditions for the defendants and adjourned the matter till January 17,18, 23, 24 and 25, 2024 for trial.
The defendants are said to be Ukrainians, Phillipinos and Estonians.
