In a significant victory for environmental protection and the rule of law, the Federal High Court in Lagos has handed down convictions to two wildlife traffickers involved in one of the region's most substantial illegal trade operations.
Justice was served as Anthony Onyebuchi and Monday Nnamanni were sentenced to two years' imprisonment each for their role in the possession and trafficking of a massive haul of elephant tusks and pangolin scales.
The judgment marks the culmination of a high-stakes intelligence operation that began in 2022, spearheaded by the Wildlife Justice Commission in strict collaboration with the Special Wildlife Office of the Nigeria Customs Service (NCS).
The road to conviction began on February 2, 2022, when operatives raided a warehouse located at Adeba in the Ibeju Lekki area of Lagos State.
Acting on precise intelligence, the team uncovered a staggering stockpile of endangered species derivatives. The haul included 839.4 kilograms of Giant Pangolin Scales (Manis gigantea) and 145 kilograms of Elephant Tusks (Loxodonta africana).
The two men were subsequently charged with conspiracy and unlawful possession. The prosecution argued that these actions stood in direct contravention of Section 516 of the Criminal Code Act, Cap. C38, Laws of the Federation of Nigeria, 2004.
Furthermore, the possession of these items violated Section 7(3) of the National Environmental (Protection of Endangered Species in International Trade) Regulations, 2011, an offence punishable under Section 7(4) of the same Regulations.
The legal proceedings saw a pivotal turn last week. Although the defendants had initially been arraigned, they signalled their intention to change their plea during the resumed hearing.
Consequently, a not guilty plea was retracted, and they entered a guilty plea to the amended charges. This shift paved the way for a plea bargain agreement reached between the defence and the Nigeria Customs Service (NCS).
The amended charge, marked FHC/L/123C/2022, was prosecuted by NCS lawyers Michael Osong, Vivian Aigbadon, and T. E. John.
The charge sheet detailed the gravity of the offence thus:
"That you, Anthony Onyebuchi, Male, Adult, Monday Nnamanni, Male, Adult and others now at large, on or about the 2nd day of February, 2022., were found to have 839.4kg of Giant Pangolin Scales and 145 kilograms of Elephant Tusks, being wildlife products, endangered species, derivatives of specimens absolutely prohibited in the First Schedule of the Endangered Species (Control of International Trade and Traffic) Act."
Accepting the terms of the plea bargain, the presiding judge sentenced Onyebuchi and Nnamanni to two years' imprisonment each. However, the court provided an option of a fine instead of a custodial sentence, totalling N2 million per convict.
The plea bargain agreement broke down the sentencing structure as follows:
* Count One (Conspiracy): A sentence of 2 years imprisonment or a fine of N500,000.
* Count Two (Possession): A sentence of 2 years imprisonment or a fine of N1,500,000.
The court further ruled that any time the convicts had already spent in the custody of the Nigeria Customs Service or the Nigeria Correctional Centre would be computed into their sentencing, adhering to Section 416(2)(c) of the Administration of Criminal Justice Act, 2015.
Beyond the sentencing of the individuals, the court issued a crucial order regarding the contraband. The 839.4 kg of pangolin scales and 145 kg of elephant tusks were ordered to be immediately forfeited to the Federal Government, ensuring these illicit goods do not return to the black market.
This judgment follows the earlier conviction of the duo’s co-conspirators. Onyebuchi and Nnamanni were previously arraigned alongside John Kanu and Obinna.
Kanu and Obinna had admitted their guilt earlier in the trial process and were convicted and sentenced on September 7, 2023.
It was following their conviction that the charge was amended to specifically target Onyebuchi and Nnamanni, leading to the final resolution.
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