A Federal High Court in Lagos has discharged socialite and nightclub owner, Mike Nwalie, better known as Pretty Mike, along with his club supervisor, Joachim Hillary, after the court upheld their no-case submission in a drug-related case brought by the National Drug Law Enforcement Agency (NDLEA).
Delivering the judgment on Wednesday, Justice Ambrose Lewis-Allagoa ruled that the prosecution failed to provide sufficient evidence to establish a prima facie case against the defendants.
“The evidence presented before the court does not reveal a prima facie case that requires the defendants to enter a defense,” the judge ruled, adding that the evidence provided by the prosecution “at its highest, only raises suspicion, which is insufficient to support a criminal conviction.”
Pretty Mike, who owns Proxy Lagos nightclub on Victoria Island, and Hillary had previously been arraigned on three charges: conspiracy, unlawful possession of prohibited substances, and allegedly allowing the use of the nightclub for illicit drug activities.
The NDLEA told the court that its officers conducted a raid on the nightclub on October 26, during which they allegedly discovered 169 cylinders of nitrous oxide, known as laughing gas, weighing 384.662 kilograms, as well as 200 grams of cannabis.
The agency claimed that these substances were intended for use at an illegal drug-related event and sought to prove that the defendants were aware of and controlled the substances recovered from the premises.
The prosecution also requested that the court order the forfeiture of the nightclub, calling it an instrument used to facilitate the commission of a crime.
However, the defendants’ lawyer, Chikaosolu Ojukwu, argued that the prosecution had failed to establish any direct connection between his clients and the alleged crimes.
“The prosecution has not led any credible evidence establishing ownership, possession, or knowledge of the alleged substances by the defendants.
“Mere suspicion, however strong, cannot take the place of proof beyond a reasonable doubt,” Ojukwu submitted.
Ojukwu further contended that the evidence provided was inconsistent and legally insufficient to require the defendants to open their defense.
In his ruling, Justice Lewis-Allagoa agreed with the defense, finding that the case did not meet the necessary legal standard.
“I find that the prosecution has not made out a prima facie case against the defendants,” the judge ruled.
“To require them to enter their defence would amount to speculation rather than judicial reasoning,” he added.
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