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As a result of the unlawful importation of 24 kilograms of Cocaine into Nigeria, a Federal High Court, Ikoyi, Lagos, has directed that a vessel, MV Cooper Island, be detained by the National Drug Law Enforcement Agency (NDLEA) until August 17, 2023.
The court, presided over by Justice Nicholas Oweibo also ordered that the Master of the vessel and 19 other crew members on board the vessel be arrested and detained by the agency until the conclusion of the investigation on the alleged crime.
The drug was said to have been smuggled into the vessel, which was used to bring in sugar from Brazil.
Those ordered to be detained are; Krasnoperov Oleksi, the Master of the vessel, Enesa Julio (Jnr) Pedrogosa, Nonan Ulysses Doria, Duran Niel Stephen Dias, Frugalidad Francis Cabaluna, Akulov Oleg, Emano Marlon Acut, Sarmiento Neco Manalo, Pantukan Michael Constatino, and Guion Aguinaldo Villas.
Others include Torino Jhundhel Adang, Alado Elpe De Pedro, Empedrado Ryan De Jesus, Liquit Niel Morris Auxtero, Tupas Risan Jub Sola Valencia Ceaser Jr. Carbagon, Peralta Jestoni Dalida, Teljona Elvis Urag, Loreno Regino Jr. Salaum and Adelanter Louie Luis Lapascau.
Justice Oweibo handed down the orders while granting an Exparte Motion marked FHC/L/CS/1458/2023, filed and moved by the lawyer to the NDLEA, Mr Ibrahim Abu.
In moving the motion for the orders, the prosecutor informed the court that the application was pursuant to Sections 44(2)(k), 35(1)(C) of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended), Sections 3(1)(a)(C), 32(C), 33, 34, 36 and 41(b)(iii) of the NDLEA Act Cap. N30 LFN 2004, and under the court’s Inherent Jurisdiction.
The prosecutor further informed the judge that the grounds for seeking the orders sought were "That 24 Kilograms of Cocaine was seized aboard the Vessel MV COOPER ISLAND on July 6, 2023, at Tin Can Island Seaport, Lagos.
“And that the NDLEA is investigating the case of an unlawful importation and transporting of 24 Kilograms of Cocaine to Nigeria in conjunction with Interpol and other foreign collaborators”.
The prosecutor also moved an affidavit in support of the application deposed to by Nnanna Alamezie, who stated that he was informed by Ohilebo Erale Sunday, in the course of investigation in respect of the matter, that the NDLEA received intelligence from its international partners that there was a large consignment of Cocaine aboard the Vessel MV Cooper Island, being transported to Nigeria.
“That the NDLEA working in close collaboration with the Nigerian Navy, Ports Security/Law Enforcement and other relevant agencies/officials were able to intercept the Vessel MV COOPER ISLAND and upon search, substances suspected to be Cocaine were recovered aboard the Vessel.
“That the substance tested positive for Cocaine with a combined weight of 24 Kilograms, when they were subjected to a preliminary test by the NDLEA Exhibit Officer in person of Bonnie Wisdom.
“That the testing and weighing of the substances were documented and signed by the NDLEA Exhibit Officer, the Vessel Master & some crew members of the vessel MV COOPER ISLAND.
“That the seized substance established to be Cocaine is a prohibited substance under both international law and the domestic laws of Nigeria.
"And that the Captain and crew members of the MV Cooper Island arrested in connection with the case did not provide any evidence of permit and or authority to transport and or import the recovered Cocaine to Nigeria.
“That the Captain and crew members of the MV Cooper Island have made useful extra-judicial statements that are aiding the investigation of the case.
“That the Vessel MV Cooper Island was used as an instrumentality to commit the offences of unlawful transportation and importation of the seized Cocaine and therefore liable to forfeiture under both international and Nigerian laws.
“That investigation is currently ongoing with the view to establishing the extent of culpability or innocence of those arrested in connection with the Cocaine seizure. And that the NDLEA requires more time to carry out the comprehensive investigation required by the complexity of this case.
“That the order of this Honourable Court is therefore required for the interim attachment of the Vessel MV Cooper Island to regularize the seizure of the vessel by the NDLEA/the continuous detention of the arrested Crew members pending investigation, filing of criminal charge and prosecution of the case.
“I was further informed by Abu Ibrahim, a counsel in the Directorate of Prosecution and Legal Services of the NDLEA (Applicant) at No. 4, Shaw Road, Ikoyi, Lagos, on the 25th July 2023, that the NDLEA has the statutory powers to seize any property incidental to an arrest or search for an offence provided for under the NDLEA Act and place such property under seal pending the conclusion of investigation and or prosecution of the case.
“That the court has the power to grant the applicant such a longer period to detain persons reasonably suspected to have committed an offence under the NDLEA Act pending investigation and prosecution. And that the order of the court is necessary to prevent the escape of the vessel and its crew members during the investigation and or prosecution of the case.
“That the order being sought from this court is merely a preservatory, and that the proprietary interest of the suspects is still protected by the statute.
“That the interim orders being sought do not breach the suspects' right to a fair hearing, and that the vessel master and the other crew members will not be prejudiced by the grant of the application.
“That it is in the interest of the public and justice to grant this application”, the prosecutor stated.
Justice Oweibo, after hearing the NDLEA lawyer on the application, ruled that: “The application is granted as prayed”.
The judge subsequently adjourned the matter until August 17, for reports of investigation.
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