Admin l Thursday, June 15, 2023
IKOYI, Lagos, Nigeria – A Federal High Court sitting in Ikoyi, Lagos presided over by Justice Tijjani Ringim has convicted a clearing agent, Felix Olame, who was arrested with container load of pangolin scales, elephant ivories, tusk and bones by the Nigeria Customs Services (NCS)
Justice Ringim convicted the clearing agent, after he pleaded guilty to three counts charge filed against him by the Nigerian Customs Service.
The convicted clearing agents, according to the prosecutors, David Ereh and Mike Osong, was arrested on January, 2021, at Apapa Port, Lagos, for being in possession of 1X20ft Container marked CSLU 2362640, containing 158 sacks of pangolin scales and 57 sacks of elephant ivory, horns and bones.
The prosecutors told the court that the convict conspired with some others, now at large to commit the offence punishable under section 516 of the Criminal Code Act, Law of the Federation of Nigeria, 2004. And section 7(3) of the National Environmental (Protection of Endangered Species in International Trade) Regulations, 201 and punishable under section 7(4) of the same Regulations
The convict pleaded guilty to the charges when they were read to him. Upon his plea, the prosecutors reviewed the facts of the charge, and urged the court to convict and sentence him accordingly.
But his counsel pleaded with the court to tamper justice with mercy, saying that his client was used by those who wanted to smuggle the items. He prayed the court to tamper justice with mercy by given the defendant an option of fine.
Delivering judgment on the charge, Justice Ringim held that by the provision of the Administration of Criminal Justice Act, 2015, the prosecution reviewed evidence after the defendant pleaded guilty to the three counts charge.
“I have painstakingly looked at the three counts charge and I observed that count two and three are the same, therefore the defendant cannot be punished on the two counts together to avoid the principle of double jeopardy.
“Consequently, count two is hereby struck out. The defendant is hereby convicted on count one and three only and sentenced to six months imprisonment.”