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Court jails Mexican, Nigerian drug barons 10 years, knocks NDLEA for entering plea agreement with criminals

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The Federal High Court sitting in Asaba, Delta State, has sentenced nine drug traffickers, including four internationally-wanted Mexicans, to 10 years imprisonment each.

The judge, Okon Abang, gave the judgement on Tuesday and scathingly rebuked the NDLEA for blocking stiffer punishment for the offenders.

The National Drugs Law Enforcement Agency (NDLEA) recently entered into a plea agreement with the defendants to secure less jail time for them, after six years of trial and 21 witnesses paraded in the case.

The defendants were caught in 2016 at a “clandestine” laboratory in Asaba where they were producing a cocaine-like substance – methamphetamine, with evidence also showing they were running a drug trafficking organisation.

They include five Nigerians – Anthony Umolu, Chibi Aruh, Izuchukwu Anieto, Williams Agusi and Augustine Koisochukwu Umolu with four Mexican conspirators who are said to be on international watchlists.

The Mexicans known to be part of a large cartel of drug traffickers with extensive reach around the world are Cervantos Bruno, Rivas Pstiano, Castillo Ctistobal and Patida Pedro.

Shortly after their arrest in 2016, the NDLEA charged them with five counts that attract between 15 to 25 years in jail under the NDLEA Act.

They all maintained their innocence from the inception of the case in 2016 until recently when they changed their plea to “guilty” in a deal they struck with the NDLEA.

Nearing the end of the prosecution’s case with 13 witnesses already called, the NDLEA entered into a plea agreement with the drug barons, proposing 10 years’ sentence that would be backdated to 2016.

The deal, aimed at reducing the convicts’ jail time by the six years period they had spent in detention while facing trial, was to leave them with less than four years to spend in prison.

‘Compromise’
Incensed by what he described as an “unreasonable”, “perverse” and “ill-motivated” plea bargain agreement, Mr Abang adopted the 10 years jail time proposed in the plea agreement but refused to backdate it.

He ordered the 10 years sentence to start counting from the day of his judgement on Tuesday.

“I cannot in good conscience backdate the sentence,” the judge said.

He said the plea agreement was insensitive to the gravity of the convicts’ offences and the quantum of scarce resources the government had deployed in prosecuting the offenders over the years.

He also described it as an afterthought, coming too late when the prosecution had already established the defendants’ guilt.

“The defendants made confessional statements that would even secure conviction on their own,” Mr Abang said and maintained that the plea bargain agreement was unjustifiable.

He said the defendants were “caught in the act”, with their confessional statements and the illicit substances seized from them tendered and admitted in evidence.

Citing section 270(2) of the Administration of Criminal Justice Act, Mr Abang said NDLEA could only have entered into a plea agreement with the defendants “where there is no sufficient evidence on record to secure a conviction.”

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“Whereas, there is sufficient evidence to secure a conviction,” Mr Abang said, adding that the NDLEA failed to provide any reasonable excuse for “settling with drug barons”.

He expressed regrets that, with the filing of the plea agreement, the law hindered him from ordering NDLEA to proceed with the trial.

In another devastating blow to NDLEA’s growing profile of integrity and toughness on illicit drug trafficking, the judge identified many landed assets seized from the defendants but unaccounted for in the plea bargain agreement.

He noted that the NDLEA “compromised” the case to help the convicts to leave prison early enough to enjoy their illicitly acquired wealth.

“This is a case where the NDLEA compromised, waved the law, agreed on terms of conviction, backdated the terms of imprisonment assuming judicial powers where none exists, to enable the drug barons to come out of jail to enjoy their illegitimate wealth,” Mr Abang said.

Drug barons and their ‘clandestine lab’

The defendants were arrested at a “clandestine” laboratory in Asaba, Delta State, on 3 March 2016.

They were producing cocaine-like drug – methamphetamine – and extracting ephedrine, another illicit substance, at the laboratory located in a warehouse along Ibusu-Asaba Expressway, Delta State.

The five Nigerians had engaged the four Mexicans to help them to build, equip, and operate the laboratory.

Before their arrest, the Mexicans led drug trafficking from the West coast of Africa, Nigeria in particular, to eastern and southern Africa, Europe and South America.

Their notoriety in illicit drug trafficking had put them on the watchlist of world illicit drug tracking organisations, the NDLEA had told the judge during the trial.

They are also known to be well-versed in the different aspects of the value chain of the illicit drug business.

The well-equipped modern laboratory they helped to set up in Asaba was with an installed capacity to produce four tons of cocaine-like methamphetamine per production cycle of seven to eight hours.

NDLEA arrested them and their Nigerian conspirators with 1.5 kilogrammes of methamphetamine, and 63 grammes of another cocaine-like brownish substance during the raid on the facility in March 2016.

Charges

The agency, in March 2016, charged them with five offences, including unlawful extraction of ephedrine and preparation of methamphetamine, “a drug similar to heroin, and LSD.”

It also charged them with the operation of an illicit drug trafficking organisation through which they processed and exported methamphetamine.

In other counts, the agency accused them of running, managing and financing a drug trafficking organisation, as well as being in unlawful possession of illicit drugs that they were arrested with in 2016.

The offences charged under sections 11(d), 14(b), 20(1)(g) of the NDLEA Act attract punishment ranging from 15 to 25 years and forfeiture of the proceeds of crimes.

As of 3 July, when the agency and the defendants signed their plea agreement to enable the convicts to spend less than four more years in jail, the trial had gone on for six years and a total of 21 witnesses had testified.

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Of the 21 witnesses, 13 of them were prosecution witnesses who testified during the trial, bringing the prosecution near to closing its case.

The rest eight witnesses testified during a trial-within-trial called for by the defendants to challenge the admissibility of their confessional statements.

Four of the eight witnesses who testified during the trial-within-trial were called by the defendants while the other four gave evidence for the prosecution.

The judge, at the end of the trial-within-trial, dismissed the defendants’ objection to the admissibility of their confessional statements and confirmed that they were made voluntarily.

In the case hardly fought for six years, the NDLEA went up to the Supreme Court expending time and scarce resources to ensure that the defendants were not granted bail.

Four ways NDLEA’s plea agreement violated the law
In his judgement on Tuesday, Mr Abang pointed out that the plea agreement failed to meet any of the four pre-conditions enumerated in section 270(2) of the Administration of Criminal Justice Act (ACJA).

Firstly, the judge said NDLEA could only have entered a plea agreement in a criminal case after obtaining the consent of the victims of the alleged crime.

In this case, Mr Abang said the NDLEA was not the victim, but the Nigerian society that had been traumatised by banditry, terrorism and other violent crimes perpetrated by the consumers of hard drugs.

He, therefore, said drug-related cases were not ones in which the NDLEA could enter into a plea agreement due to the impossibility of obtaining the consent of the victims for that purpose.

He added that by virtue of the ACJA provision, the NDLEA could only have entered into a plea agreement with the offenders where there was no sufficient evidence to secure the conviction of the offenders.

In violation of the provision, Mr Abang said, NDLEA struck a deal with the drug barons after successfully establishing the guilt of the defendants.

He also noted that the defendants refused to cooperate with investigators, contested every piece of evidence tendered by the prosecution during the trial, appealed the ruling denying them bail up to the Supreme Court, and also wrote a petition against him to frustrate the case.

Mr Abang also said the other condition that the offenders must have conceded to forfeit the proceeds of crimes before a plea agreement could be entered with them was also not fulfilled.

He noted that the landed assets seized from the defendants in Abuja as well as Lagos, Ogun and Anambra States were not presented for forfeiture in the plea agreement.

He added: “The NDLEA has not disclosed the entire property recovered from the convicts admitted in evidence in the purported plea bargain dated 30 June 2022 that ought to have been forfeited to the federal government of Nigeria.”

Scanty assets forfeited

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The judge, after sentencing the convicts to 10 years imprisonment with effect from Tuesday, ordered the forfeiture of the few of their assets agreed on in the plea agreement.

The assets ordered to be forfeited to the federal government are a Mercedes Benz ML4 350 car, a Toyota Tundra Hilux van, as well as the sums of N20 million and N894,463.43 recovered from the convicts.

Mr Abang ordered the sums of money to be paid into the federation account with the Central Bank of Nigeria (CBN) within 30 days.

He also ordered NDLEA to file evidence of compliance with the order of payment within 60 days.

He ordered that the Mexicans “shall be deported from Nigeria upon completion of their jail terms and their passports released to them by the Chief Registrar of the court.”

Court drama
The defendants were produced in court on Tuesday guarded by armed personnel of prison officials. The court itself had a heavy presence of armed personnel of the police and the State Security Service (SSS).

They were led to the courtroom on the first floor of the court complex.

Their countenance remained calm until towards the end of the three hours-long judgement when it became clear the judge was not going to accept the terms of their plea agreement hook, line and sinker.

At that point when the reality dawned on them, the defendants standing around the dock not far from the left side of the judge’s bench were seen conferring among themselves.

They could be seen muttering while they put their heads together. The judge, not interested in the conference they were having, continued reading his judgement.

But as their conversation ended, they adjusted their posturing to continue listening to the judgement, and in the next moment, they all went down on their knees. Facing the judge, they held their palms together towards him appealing for leniency.

The judge, angry at the disruption of his reading, shouted at them to get up.

“Get up, please, I don’t have time for this drama,” the judge growled.

Reluctantly, they got up to their feet and the judge proceeded to pronounce their guilt and sentence.

The judge had devoted the first thirty minutes of the proceedings to listening to the prosecuting lawyer from the NDLEA, Umar Husseini, and the defence lawyers.

The defence lawyers – Kalu Onwuchekwu, I.U Uchechukwu, Victor Igbuche who represented the four Mexicans, and G.O Onyeka – with the prosecuting lawyer, had all defended the plea bargain agreement.

They said it was in the public interest, and in line with section 270(2) of ACJA which they argued allowed the parties to enter into a such a plea agreement at any stage before the prosecution closed its case.

They also said their clients were remorseful and the money recovered from them could be ploughed into NDLEA’s sensitisation programmes and fight against illicit drugs.

 

 

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Nigerian sentenced to life in jail for killing wife with skateboard in UK

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Olubunmi Abodunde, the 48-year-old Nigerian man who murdered his wife, Taiwo, with a skateboard and blamed his loss of control on medication has been sentenced to life imprisonment in the United Kingdom.

The incident occurred in their Newmarket home, resulting in Taiwo’s death from catastrophic brain injuries in November 2023.

 

He, however, admitted to killing Taiwo, who suffered “catastrophic brain injuries”, the BBC reports.

 

The Ipswich Crown Court noted the intensity of the attack that led to her death at their Exning Road residence.

 

Abodunde faces a minimum of 17 years in prison before being considered for parole.

 

The court learned that the day before Taiwo’s death, there was a domestic incident resulting in Abodunde’s arrest.

 

He was under bail conditions prohibiting contact with his spouse.

 

The next morning, despite these conditions, Abodunde went to the family home to retrieve a mobile phone.

 

Taiwo, a mother of three, was returning home from her overnight shift as a health care assistant.

 

Prosecutor Stephen Spence KC told the court that Abodunde was aware of his wife’s shift pattern and CCTV showed she had arrived back at about 09:12.

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The court was informed that two officers had attended the property at about 09:20 to speak with Mrs Abodunde about the previous day’s domestic incident.

 

Spence stated, “Only the defendant now knows what happened. The officers repeatedly knocked on the door and notified them of their presence but got no response or heard any calls for help.”

 

However, between 40 and 50 “thuds” were heard and it was believed to be Abodunde attacking his wife.

 

Officers were given clearance by senior police officials to enter the property at 09:45, the court was told.

 

Spe4nce added, “When they entered the front door, they immediately found the lifeless body of Mrs Abodunde with her skull smashed in.”

Meanwhile, a postmortem examination revealed that Taiwo had suffered “catastrophic brain injuries”.

Olubunmi-Abodunde and his-late wifeTaiwo

She also had injuries that were consistent with her body being “stamped on” as well as being hit with a skateboard.

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This was found at the property covered in blood and fragments of skull.

The court was told the victim had also been strangled.

Meanwhile, the defendant could be heard sobbing from the dock as Spence addressed the court.

 

Police forced their way into the home after hearing bangs.

 

“It seems to me that he was waiting for confrontation. There is no debate that there was not going to be confrontation in my view,” he stated.

 

Akudolu said Abodunde “was a very well-respected man” both here in the UK and in Nigeria where the couple had previously moved from.

 

He had been a local councillor in Nigeria and had a local street in the country named after him.

 

The court heard the couple had a “history of frequent disputes over bills and money” with some “low-level violence” involved.

 

Akudolu told the court that “not a day will go by that [Abodunde] does not regret the misery” that he has caused.

 

In his ruling, Judge Levett described Taiwo’s killing as “ruthless, violent, savage and heartless”.

The couple’s home

Levett said Abodunde had lied to officers telling them his wife had attempted to attack him with a knife the day before he murdered her, adding that Abodunde also claimed she had tried to beat him, but no evidence was found to substantiate this, the court was told.

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While Levett spoke, Abodunde could be seen from the dock with his head in his hands while sobbing.

 

The Judge added that there had been “no self-defence at all” on Abodunde’s part, saying he had heard “no remorse other than sobs from the dock”.

 

Following the murder, Suffolk Police referred itself to the Independent Office for Police Conduct due to previous contact with the couple.

 

It said earlier this month, two officers were advised they were being investigated for gross misconduct over potential breaches of the standards of professional behaviour.

 

Another officer is under investigation for breaches amounting to misconduct.

 

An IOPC spokesman said, “This does not mean disciplinary proceedings will necessarily follow. Our investigation remains ongoing.” With BBC reports.

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Terrorists ambush troops, kill four soldiers in Zamfara

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Edward Buba, director of defence media operations, says four soldiers were killed on Sunday in an ambush by terrorists in Zamfara.

In a statement on Tuesday, Buba said the troops encountered two separate ambushes by the terrorists at Kuran Mota village and along Alikere to Yarmalimai community in Zamfara.

 

Buba said three soldiers also sustained injuries during the ambush.

 

He said the troops succeeded in neutralising some of the terrorists, adding that they were supported by the air component during the operation.

 

“On 12 May 2024, troops of Operation HADARIN DAJI encountered 2 separate ambushes, namely at Kuran Mota Village as well as along Road Alikere – Yarmalimai village in Zamfara state,” the statement reads.

 

“Though troops fought fiercely to extricate themselves from the situation, Sadly, troops recorded casualties of 4 soldiers killed in action, while 3 were wounded in action in the first ambush.

 

“In the second ambush incident, 5 soldiers sustained minor injuries from gunshot wounds, and the soldiers have been stabilized as they were evacuated to FOB Faskari for medication care.

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“During the ambush, troops received support from the air component, OP HADARIN DAJI, as well as reinforcement from FOB YARMALIMAI.

 

“The joint effort of both forces dealt a severe blow to the coalition of terrorists that gathered in numerical strength to execute both ambushes.

 

“Accordingly, several of the terrorists were neutralised as they suffered heavy casualties.

 

“Troops have unlocked the change in tactics of these terrorists and made necessary adjustments to maintain tactical superiority in the battlefield.”

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ISWAP founder’s son ‘surrenders’ to NSCDC in Borno

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Mahmud Albarnawy, the eldest son of the founder of the Islamic States of West African Province (ISWAP), has reportedly surrendered to operatives of the Nigerian Security and Civil Defence Corps (NSCDC) in Borno.

 

Zagazola Makama, a counter-insurgency publication focused on the Lake Chad region, said Mahmud surrendered to the security operatives on May 12.

 

Intelligent sources told Makama that 22-year-old Mahmud was confirmed to be the son of Maman Nur, founder of the ISWAP, after he was profiled at the NSCDC headquarters in Maiduguri, Borno capital.

 

The publication said an uncle of Mahmud in Gamboru Ngala encouraged him to surrender after he received information about his readiness to abandon the group.

 

“A reliable agent was sent to convey him to Maiduguri. They arrived in Maiduguri on May 11 at about 1 pm,” the publication said.

 

“Mahmud was later debriefed and profiled by an intelligence officer of the command, where he confessed to having sneaked out of the Ali Ngulde camp in Mandara Mountain, Gwoza LGA, into Maiduguri and stayed for about a month at Gwange in the city capital before relocating to Gamboru Ngala without any alarm or distress signs from communities.

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“During his stay in Gamboru Ngala, some of his late father’s loyalists were persuading him to return to the Lake Chad general area to pay allegiance to ISWAP, but he refused, citing the betrayal and eventual execution of his late father.”

 

Makama said Mahmud confessed to having been involved in attacks launched at Bama, Banki, Gwoza, and many other areas in Borno.

 

The publication said the terrorist who surrendered used to work as a middle-rank fighter under the Boko Haram group.

 

The publication added that he had been handed over to the Bulunkutu rehabilitation facility for further documentation and custody.

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