A Federal High Court in Ikoyi, Lagos, presided over by Justice Musa Kakaki, has granted the National Drug Law Enforcement Agency (NDLEA) permission to destroy a N480 billion methamphetamine laboratory uncovered in Abidagba Forest, Ijebu East Local Government Area of Ogun State.
Justice Kakaki gave the ruling on Friday despite objections from three Mexican nationals and seven Nigerians standing trial for allegedly establishing the illicit drug factory.
However, the judge directed the anti-narcotics agency to exclude some disputed chemicals, which the defendants argued are needed for their defence during the trial.
Arguing before the court, the NDLEA, through its counsel, Buhari Abdullahi, said the application was necessary on public health and safety grounds, stressing that the clandestine laboratory posed serious environmental and health risks.
The lawyer told the court that NDLEA operatives had been stationed at the site for more than two months and had been exposed to hazardous chemicals.
He recalled that on July 22, Justice Kakaki visited the suspected methamphetamine laboratory and observed that everyone who entered the premises wore face masks and specialised protective equipment because of the toxic environment.
The prosecutor further stated that even the defence counsel had to take safety precautions during the inspection, adding that he suffered an allergic reaction that forced him to leave the site.
Abdullahi said, “The purpose of this application is to safeguard public health and lives, as well as the lives of our officers who have been on duty at the location for over two months.”
The lawyer also argued that the application was backed by Section 3(1)(i) of the NDLEA Act, which empowers the agency to take steps towards the destruction of dangerous drugs, chemicals and related substances.
Opposing the application, counsel for the defendants, Chief Benson Ndakara, described it as premature and capable of prejudicing the defence.
Ndakara argued that the alleged methamphetamine and other substances marked for destruction constituted crucial evidence in the ongoing criminal trial. He also claimed that the NDLEA had already destroyed part of the substances.
He told the court, “The application is premature. Granting it at this stage will prejudice the defendants because the substances are potential evidence in this trial.”
The defence counsel further argued that the defence had already called its principal witness on the matter and was yet to conclude cross-examination. He insisted that the prosecution should only seek leave to destroy the substances after they had been formally tendered and admitted as exhibits.
Ndakara added, “We fear that if these substances are destroyed now, the prosecution could later produce another substance and claim it is methamphetamine, leaving the defence with no means of effectively challenging it.”
Justice Kakaki granted the NDLEA’s application but barred the agency from destroying some of the disputed chemicals identified by the defendants.
The defendants are Juan Carlos Meza Torrero (49), Nemecio Martinez Felix (46), Jesus Lopez Valles (40), Nwankwo Sunday Christian (41), Egwuonwu Uchenna Victor (38), Igwe Abuchi Remijus (43), Ifeanyichukwu Chibuike Joshua (23), Omonughwa Kingsley Orike (45), Nwobum Emeka (59), and Anochili Innocent (63), whom prosecutors identified as the alleged drug baron.
