Nigerian National Committed to High Court Over Possession of Cocaine

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By: Audrey Raymonda John

A 26-year-old Nigerian national, Momodu Rakib, appeared before Magistrate Mustapha Braima Jah at the Pademba Road Magistrate Court No.1 in Freetown, Sierra Leone. He is facing serious drug-related charges after being arrested at the Freetown International Airport in Lungi, Port Loko District.

Rakib is standing trial on five counts under Sierra Leone’s *National Drug Control Act of 2008 and the Drugs and Substance Abuse Public Emergency Response Regulations of 2024. The charges include:

Possession of a Prohibited Drug Without Lawful Authority – Contrary to Section 8(a) of the National Drug Control Act 2008.

Dealing in a Prohibited Drug Without Lawful Authority – Same statute as above.

Transportation of a Prohibited Drug Without Lawful Authority.

Commercialization of a Prohibited Drug Without Lawful Authority – Contrary to Regulation 3 of the 2024 Regulations.

Keeping a Prohibited Drug Without Lawful Authority – Contrary to Regulation 15 of the same regulations.

The prosecution alleged that on Saturday, 14th September 2024, Rakib was found in possession of 20 pellets of cocaine at the Lungi Airport without any lawful authority.

State prosecutor ABM Taylor Kamara Esq requested the court to discontinue the medical report of the accused. He noted that the medical officer, who was summoned on 14th January 2025, had failed to appear in court again to continue his testimony. The prosecutor described this as a “disregard for the prestige of the court” and requested that proceedings continue without the testimony.

Magistrate Jah upheld the prosecution’s request, allowing the case to proceed.

Detective Sergeant 9585 Prince Jabati, attached to the Transnational Organized Crime Unit (TOCU), testified as Prosecution Witness 1 (PW1). He stated that he conducted a voluntary cautionary interview with the accused on 5th November 2024, alongside Inspector Steven A. Sesay.

The interview was conducted in English, with Rakib responding in English.

The accused confirmed the accuracy of the statement by fixing his right thumbprint.

The statement was tendered in court as Exhibit C1–4.

PW1 also confirmed that a sample of the seized substance was sent to a forensic analyst on 14th September 2024. The analyst’s report, confirming the substance to be cocaine, was submitted and marked as Exhibit Z1–2. Additionally, legal advice from the Director of Public Prosecutions (DPP)* dated 25th September 2024 was submitted as Exhibit D1–5.

During cross-examination, defense counsel A. Bangura questioned the credibility of the evidence. However, Magistrate Jah interjected, expressing frustration with defense counsels in drug-related matters.

“Most of the time, accused persons remain on remand for a year or more due to the defense failing to hit the nail on the head,” Jah remarked. “In such matters, defense counsels should always go straight to the point.”

DPC Stevens, a forensic analyst attached to TOCU, appeared as Prosecution Witness 2 (PW2). He testified that on 16th September 2024, Inspector A. Turay submitted 20 pellets of a white substance for testing.

The total weight was recorded at 300 kg.

Chemical and microscopic crystal examinations were conducted in the presence of the accused.

The analysis confirmed the substance was cocaine.

The laboratory report was tendered in court as Exhibit G1–2.

During cross-examination, the defense challenged the reliability of presumptive drug analysis, to which PW2 acknowledged that such tests are not always 100% accurate.

After reviewing the evidence, Magistrate Jah ruled that the prosecution had presented sufficient evidence against the accused. He therefore committed Momodu Rakib to the High Court for trial.

The date for the High Court proceedings is yet to be announced.

 

 

 

 

 

 

 

 

 

 

 

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