A Federal High Court sitting in Asaba, Delta State has discharged and acquitted a lady, Patricia Saduwa of illegal possession of 233.7 kilograms of Cannabis Sativa, popularly called marijuana levelled against her by the National Drug Law Enforcement Agency, (NDLEA) after nearly three years of trial.
Justice F. A Olubanjo freed Patricia of the allegation while delivering judgement in a count charge of illegal possession made against her by the anti-narcotic agency.
NDLEA had sometimes in 2022, dragged the lady to court in a count-charge numbered FHC/ASB/48c/2022, of knowingly and unlawfully being in possession of 233.7kg of Cannabis Sativa.
The offence according to the anti- narcotic agency is contrary to and punishable under Section 19 of the National Drug Law Enforcement Agency Act Cap N30 LFN 2004.
It was the case of the prosecution that following a credible intelligence that someone stored dried weeds suspected to be Cannabis Sativa, operatives of the agency raided a house at Orogun Meta in Delta State and discovered cannabis Sativa in a room where nobody was staying and that the person living in the next room (one Faith Ovwe) informed them that the substance belongs to Patricia Saduwa and Faith Ovwe later took them to where the defendant, Patricia Saduwa live.
However, upon the arrest Saduwa she denied ownership of the hard drug but admitted that the Cannabis Sativa belongs to her husband.
Despite the denial of Saduwa and Faith, being the owner of the substance they were both taken to the NDLEA Office where the recovered substance was tested and proved positive for Cannabis Sativa and weighed 233.7 Kilogrames.
During trial, NDLEA said it’s investigation revealed that the house where the Cannabis Sativa was recovered belongs to the defendant’s (Saduwa) late Father in-law and that one room in the house was used to store Cannabis Sativa, and that the defendant used to go there to store and retrieve the substance.
NDLEA, however, released Faith Ovwe on bail on the ground that she was not connected to the drug, but Saduwa despite her denial of ownership of the recovered substance, was arraigned on a one count charge of unlawful possession of Cannabis Sativa.
The prosecution during trial called four witnesses while the defendant testified for herself.
Reviewing the pleadings and submissions of both counsel after the close of their respective cases and adoption of written addresses, the trial judge said two issues were submitted for determination at paragraph 3.02 of the Complainant’s Final Written Address.
Thus: 1. Whether the complainant has proved it’s case beyond reasonable doubt that the defendant possessed 233.71kg of cannabis Sativa as required by law considering the evidence adduced at the trial.
Justice F.A Olubanjo stated that the evidence of the prosecution revealed that a small quantity of the recovered substance was taken to the NDLEA Forensic Laboratory for a confirmatory Forensic Analysis and confirmed to be Cannabis Sativa, while a drug analysis report was issued by the Forensic Analyst and that the defendant volunteered a statement wherein she denied ownership of the drug, but stated that it was her husband who dealt in Cannabis Sativa.
On the submission of the defense counsel, Dennis Warri, Justice Olubanjo said that counsel to the defendant in his submission stated that the elements of the offence of unlawful possession of Cannabis Sativa as stated in the one count charge must be proved beyond reasonable doubt for the prosecution to secure conviction of the defendant.
These elements Warri submitted, must be evidence of physical or constructive possession.
Warri further submitted that no narcotic substance was recovered in Saduwa living apartment when Faith Ovwe took NDLEA officials to the residence and that there is doubt as to whether Cannabis Sativa was recovered from the Saduwa’s father in- law’s house.
He also submitted that the inability of the prosecution to produce Faith Ovwe to testify whether the Cannabis Sativa was recovered from defendant’s father in-law’s house was fatal to their case and also attacked the admissibility of the drug analysis report because the forensic analyst who issued the report was not called by the agency to testify.
He therefore urged the court to acquit and discharge his client due to NDLEA’s failure to prove the charge against her beyond reasonable doubt.
Justice Olubanjo in her judgement held that the prosecution failed to secure the attendance of Faith Ovwe to testify even though the court issued a Bench Warrant for her arrest.
The judge further held that the prosecution did not produced the Title Deeds to prove that the house where the substance was recovered belongs to the defendant.
“Faith Ovwe in her extra-judicial statement stated that NDLEA Officers who came asked her where her Landlord was and she told them she doesn’t know, that the NDLEA Officers asked who owns the recovered dried weeds and that she should take them to her Landlord’s house.That she was arrested along with her landlord’s wife,” this evidence of Ovwe is crucial to the prosecution case and required her presence to come and corroborate same before the court, the judge held.
Analysing the statement of the defendant, the judge said; “Sabuwa stated that even though nothing incriminating was found in the house where she resides, NDLEA officials showed her bags of Cannabis Sativa said to have been recovered from her husband’s father’s house, which she said belongs to her husband
“Defendant also testified in her defence that her husband was not at home when NDLEA Officers came to her house, adding that they searched the whole house, but found nothing incriminating therein. They showed her the recovered substance which they said a woman who lived where it was recovered said belongs to the defendant.
“Defendant denied ownership of the recovered substance.”
Justice F.A Olubanjo in the judgement held that: “In the light of my findings, the prosecution has failed to prove the allegation in the charge dated 22nd March, 2022 against the defendant beyond reasonable doubt She is found not guilty and is hereby discharged and acquitted.”
The judge also held that the NDLEA should intensify efforts to arrest Austin Saduwa, husband of Saduwa who was alleged to own the recovered cannabis Sativa .
