Court Acquits Woman Accused Of Possessing 7,385kg Cannabis, Says Husband’s Crime Cannot Be Transferred To Wife

Justice Deinde Dipeolu of a Federal High Court, Lagos, has discharged and acquitted a woman, Timilehin Iyama, accused of possessing 7,385 Kilogrames of cannabis, ruling that the prosecution failed to establish her guilt beyond reasonable doubt.

In discharging and acquitting the woman of the charges, Justice Dipeolu held that mere knowledge that the prohibited substance was kept in a house shared by her and her husband did not automatically amount to legal possession.

In its judgment in charge number FHC/L/337c/2017, the court found that the prosecution had failed to prove the two counts of unlawful possession and concealment of information against Timilehin.

The freed woman was initially arraigned by the National Drug Law Enforcement Agency on October 30, 2017, over allegations arising from the discovery of 211 large bags of substances suspected to be cannabis at a two-bedroom apartment in Ketu-Ijanikin, Lagos.

The NDLEA had alleged that the substances, weighing 7,385 kilogrammes, were found at the residence shared by Timilehin and her husband, Vincent Iyama, who is said to be at large.

An amended five-count charge was subsequently filed on November 9, 2017, but Iyama stood trial on two counts relating to possession and concealment of information. The allegations she denied and pleaded not guilty to.

During the trial of the case, the prosecution called six witnesses, while the defendant testified in her own defence.

During the trial, the freed woman, Timilehin while being led in evidence y her lawyer, Dennis Warri who led Kate Igbo, told the court that she sold foodstuffs, including garri and plantain, and that the cannabis belonged to her husband, who she said sold “igbo”, a local name for cannabis.

She narrated that on August 3, 2017, she heard noises at the gate of their residence around 4 a.m and later discovered that NDLEA operatives had entered the compound. She added that the officers searched the house, discovered the bags in a room and asked who owned them. She said she informed them that the substances belonged to her husband, who was not at home at the time.

Under cross-examination by the NDLEA lawyer, Timilehin admitted that she knew her husband dealt in cannabis and acknowledged that the 211 bags were discovered in the house where they lived.

Justice Dipeolu in considering the possession charge, relied on judicial authorities, including the Court of Appeal decision in Ugochukwu v. Federal Republic of Nigeria, which established that knowledge or proximity without control or dominion could not ground a conviction for possession.

The judge also cited the Supreme Court’s decision in Mohammed v. Federal Republic of Nigeria, stressing the need for clear evidence establishing possession or control of prohibited items.

Justice Dipeolu noted that a prosecution witness testified that investigations linked Timilehin’s husband to the transportation of cannabis and that another individual had allegedly paid the rent for the couple’s residence.

The judge further held that the prosecution failed to establish the allegation of concealment of information beyond reasonable doubt.

In the final analysis, Justice Dipeolu held that: “there is no case of concealment of information by the Defendant and that has not been. established by the Prosecution beyond reasonable doubt. The Defendant stated in her Statements Exhibit 4 that the “Igbo” belongs to her husband and that she stays with her husband and children in house.