17th November, 2011
A criminal charge of exportation of cocaine filed against a Nigeria businessman based in Italy, Okpaleke Modestus Prince, at a Federal High Court in Lagos, has been struck out for lack of diligent prosecution.
In suit number FHC/L/89c/10 filed before the court by the National Drug Law Enforcement Agency (NDLEA), it was alleged that Okpaleke, on or about 19 February, 2010, at the screening point of Murtala Muhammed International Airport, Ikeja, Lagos, exported 1.780 kilogrammes of cocaine without lawful authority and thereby committed an offence contrary to and punishable under Section 11 (b) of the NDLEA Law Cap N 30 Law of the Federation, 2004.
The accused businessman was arraigned before the court on 25 March, 2010 and pleaded not guilty. His lawyer, Mr. Okeniyi Emmanuel, filed and argued his bail application dated 17 March, 2010 while the NDLEA prosecuting counsel, Mr. Iliya Waji, filed an application opposing it.
On 29 March, 2010, the presiding judge, Justice Binta Murtala Nyako, after hearing the argument and submissions of the two counsels, admitted the accused to bail in the sum of N1 million with two sureties in the same amount.
The sureties, who must be acceptable to the prosecutor, must be resident within the jurisdiction of the court and also show evidence of means of livelihood. The case was then adjourned till 20 April, 2010 for trial.
However, the matter was adjourned on five different occasions without the prosecutor in court and consequently, when the case was called on 24 October, 2011, the accused and his lawyer were present in court while the prosecutor was absent, Mr. Okanji told the court that the prosecutor had not been present in court since last year, whereas the accused and his defence counsel have been appearing since the day he was arraigned.
He therefore applied that the case should be struck out for lack of diligent prosecution and Justice Binta Nyako, in acceding to the request, struck out the case.