CaseLaw
Omoju V. FRN (2008) CLR 2(g) (SC)
Judgement delivered on February 15th 2008
Brief
Facts
The facts of this case are bizarre, uncouth, life threatening and outrageous, in the sense that it is widely and wildly unexpected and unusual. They show to what extent human beings go for money and the way humanity adores or worships money. To such human beings, it is either money or nothing and they can die for money. Fortunately, a two-year jail term is not anything near death.
It is a case of a human being, not just a human being; a Pastor, a man of God, so to say, swallowing 118 wraps or pieces of heroin and excreting same in a toilet at the Nnamdi Azikiwe International Airport, Abuja, in his forced defecation between 4.05 am and 5.27 pm on 9th March, 2003. That human being and Pastor is the Appellant.
The story is most sickening and horrifying. Although I dread it, I will tell it in the way the Appellant told it in his statement to the officers of the National Drug Law Enforcement Agency. Appellant got his international passport in 2001 and started travelling to the United States on 26th January of that year. His last trip was in October, 2002 and he returned in November, 2002. Appellant arrived Abuja on 6th March, 2003 for the aborted New York trip. 9th March, 2003 was the day for the trip. He spent three days in Abuja where one Are met him and gave him the ticket for the trip and handed over to the Appellant 118 wraps or pieces of heroine which he swallowed with water. And took Appellant to the airport where he checked in his luggage. The screening eyes of NDLEA officials, on suspicion, detained the Appellant to wait for nature's call of defecation. That call came at about 4.05 am and Appellant started to unload his filled stomach not with food though, but with 118 wraps or pieces of heroine. As he was unable to cheat the call, he excreted a total of 118 wraps or pieces. The trade or commercial value of Appellant's business of risk was ten thousand US dollars. His pocket could have been richer by that amount if he successfully executed the bad business. But that was not to be.
Appellant was arraigned on 22nd May, 2003 of exporting 1.1 kg of heroin. He pleaded not guilty. On 30th October, 2003, the charge was amended by substituting the word cocaine for heroin. Again he pleaded not guilty. On 29th January, 2004 the prosecution served on the Appellant the proof of evidence. On 29th July, 2004 when the case was called for hearing, counsel for the Appellant indicated to the Court that his client intended to change his plea. Following this development, the charge was read to the Appellant again and he pleaded guilty. Arithmetically, Appellant had three pleas, two not guilty and one guilty. The learned trial Judge, Nyako J., sentenced him to a term of 2 years.
The Court of Appeal dismissed his appeal but corrected the error relating to the misdescription of the law under which he was charged and convicted.
Still dissatisfied the Appellant appealed to the Supreme Court.