The National Drug Law Enforcement Agency had in 2017 brought a three counts charge against two persons, Nnamchi Chinedu Joseph and Frankline Chukwudumeme, before Justice Ayokunle Faji.
They were granted bail but the 1st defendant jumped bail and did not show up for the trial, leaving the 2nd defendant to face trial alone.However, while delivering the judgment, Justice Faji held that mere presence of a person in a house where there was cocaine, does not mean that he was in possession of the substance.
He further held that the ingredients of the alleged offence, as captured in the section to which the accused was arraigned, were not proved by the prosecution.Earlier, the 2nd defendant’s counsel, Tochukwu Onyiuke had argued that though the 2nd defendant was arrested in the house of the 1st defendant, wherein the cocaine was at the centre of the sitting room on the table, there was no evidence to show that he knew the contents of the bag in the room.
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