Two businessmen, Chukwuemeka Emmanuel and Amanambu Kingsley, were yesterday sentenced to nine years imprisonment for unlawful importation of 8,200kg of cough syrup containing prohibited codeine.

Justice Akintayo Aluko of the Federal High Court, Lagos, found the two businessmen guilty as charged, convicted and sentenced them.The judge also ordered the forfeiture of a Toyota Tacoma V6 with registration number EKY 883 GK, used in transporting the prohibited drug to the federal government for being a proceeds of crime.

The two businessmen were sentenced after they pleaded guilty to a three-count charge bordering on conspiracy, unlawful importation and dealing in the banned drug, brought against them by the National Drug Law Enforcement Agency (NDLEA).

The prosecutor, Ms Juliana Negedu, told the court that the convicts were arrested with the banned cough syrup on June 10 at Comfort Oboh Estate, Kirikiri, Apapa, Lagos. She said the duo conspired with some others, who are now at large, to commit the illicit act.

Their offences contravened the provision of Sections 14(b), 11(a) and 11(c) of the NDLEA Act Cap N 30, Laws of the Federation of Nigeria 2004, and were punishable under Section 20(2)(b) of the NDLEA Act Cap N 30, Laws of the Federation of Nigeria 2004.

Following their guilty plea to the charges, the prosecutor called a witness, N. Benjamin, an exhibit keeper with the NDLEA, who tendered the bulk of the seized drug and other exhibits in the charge, which the court admitted.

The prosecutor prayed the court to convict and sentence the two businessmen as charged. In her plea for mercy, the defendants’ counsel, Rita Nyiew, told the court to be lenient with her clients. She urged the court to give them a non-custodial sentence and, as an alternative, to award a fine instead of the jail term.

In her submission, she told the court to consider that they were first-time offenders and pleaded guilty to the charges without wasting the court’s time.

After listening to the counsel submissions and confirmation from the prosecutor that the convicts had no record of previous convictions, the judge sentenced them to five years in count one, six years in count two, and three years in count three.

The court ordered the convicts to pay N1 million on each of the counts, as fine option in lieu of the jail term and further ordered that both the jail term and fine options shall run concurrently.

Upon conviction of the two businessmen, the prosecutor moved an ex parte motion for the forfeiture of the vehicle used in the illicit act according to Sections 3(c), 31(a), 32(c), 33(1)(a), 34 and 36 of the National Drug Law Enforcement Agency Act Cap N30 LFN 2004; Section 44(2)(k) of the Constitution of Nigeria 1999; Sections 7, 8, 9, 19(1-3), 21(1) and 22(1) of the Proceeds of Crime Recovery and Management Acts 2022; Order 26 Rule 8 of the Federal High Court Civil Procedure Rules 2009 and under the court’s inherent jurisdiction.

Justice Aluko, after listening to the prosecutor’s submission and reading through the provisions of the laws cited, ordered that the vehicle be finally forfeited to the federal government.