THE Federal High Court sitting in Lagos has granted the request of the National Drug Law Enforcement Agency (NDLEA) to dismantle a clandestine laboratory allegedly used for the production of methamphetamine, a psychotropic substance similar to cocaine, heroine and LSD.
News Point Nigeria reports that Justice Musa Kakaki ordered the dismantling of the laboratory and destruction of some of the chemicals recovered from three Mexican nationals and seven Nigerians at the laboratory located at iloti Village, in Abidagba forest, Ijebu East Local Government Area of Ogun State.
The court however excluded the destruction of some contentious chemicals following the objections from the defendants.
The ruling comes two days after parties in the case visited the remote Forest.
Before giving his ruling, Justice Kakaki listened to arguments for an application by the NDLEA seeking permission to dismantle the lab and to destroy hazardous chemicals and illicit substances allegedly recovered from the lab valued at about ₦480 billion., while the defence opposed the application on the grounds that it could prejudice the ongoing trial.
The prosecutor, a Deputy Commander with the NDLEA, Buhari Abdullahi, told the court that the application was filed in the interest of public health, safety and the protection of agency officials who have been stationed at the site for more than two months.
Buhari reminded the court that the judge and parties had personally inspected the clandestine drug lab whose environment was so hazardous that anyone entering the premises had to wear face masks and specialised protective equipment.
He recalled that he suffered an allergic reaction while arguing that the application for the dismantling of the lab was consistent with the NDLEA’s statutory mandate to take steps towards the destruction of dangerous drugs, chemicals and related substances.
He also asked court to reject the argument of the defendants that they had not been given adequate opportunity to inspect the recovered substances, insisting there was no legal basis to refuse the application.
Counsel for the defendants, Benson Ndakara, opposed the request.
He argued that once the substances were destroyed, the defendants would lose the opportunity to subject them to independent forensic examination. He described the NDLEA’s application as premature especially because the substances are potential evidence in the trial.
He noted that the prosecution had already called its star witness on the issue and the defendant had yet to cross-examine and test the veracity of his testimony.
According to him, the prosecution should only seek leave to destroy the substances after they have been formally tendered and admitted in evidence, giving the defence sufficient opportunity to examine and challenge them.
He further argued that destroying the exhibits now could make it impossible for the defence to verify any future evidence presented by the prosecution.
“The essence of the visit to locus in quo (the laboratory) was to see things ourselves and not to assume. For example, we saw one empty gallon of hydrochloric acid and that cannot be taken to be a chemical seen by the court and parties,” Ndakara said.
“Secondly, we were not shown Toluene which was contained in the NDLEA report. Acetone was also indicated in the report but not found at the site. Most importantly, we were not shown Methamphetamine.
“The news has gone all over the world that clandestine laboratory for production of Meth was found in Ogun state but if it’s not there, it should be expunged.
“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,” he submitted.
In countering these arguments, the prosecution counsel, Buhari submitted that, “the objection raised was on Toluene, Acetone and Hydrochloric acid, those chemicals are in the said laboratory.
“Some of them were in that lab and had been used or mixed, some of the jerrycans were in the bush and because of the nature of the place, the witness informed the court there at the inspection site, that the court cannot reach the place where they are located. Those chemicals are relevant and where the court wishes the prosecution to produce those three chemicals, we are ready to comply,” he added.
After listening to both parties, Justice Kakaki granted NDLEA’s application to dismantle the laboratory but restrained the agency from destroying some contentious chemicals mentioned by the defendants.
The court adjourned the matter to October 26, 27 and 28 to rule on the nature of the contentious substances and for continuation of trial.
The case stems from the arraignment of three Mexican nationals and seven other suspects over the alleged operation of a clandestine methamphetamine laboratory with drugs and precursor chemicals valued at ₦480 billion.
The defendants are Juan Carlos Meza Torrero (49), Nemecio Martinez Felix (46), Jesus López 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), who prosecutors described as the alleged drug baron.
They are facing an 11-count charge bordering on conspiracy, unlawful production and possession of methamphetamine, operating a drug trafficking organisation and unlawful possession of precursor chemicals.
At their arraignment on July 11, all the defendants pleaded not guilty to the charges and were remanded in custody pending trial.