•Pretty Mike|
A Federal High Court sitting in Lagos, today, discharged popular socialite and nightclub owner, Mike Nwalie, known as Pretty Mike and his club supervisor, Joachim Hillary, after upholding their no-case submission in a drug-related case filed by the National Drug Law Enforcement Agency.
Delivering the ruling, Justice Ambrose Lewis-Allagoa held that the prosecution failed to establish a prima facie case against the defendants to warrant them being called upon to enter their defence, reports The PUNCH.
“The evidence placed before the court does not disclose a prima facie case requiring the defendants to enter their defence,” the judge held, adding that what was presented by the prosecution “at its highest, raises mere suspicion, which cannot ground a criminal conviction.”
Pretty Mike, owner of Proxy Lagos nightclub in Victoria Island, and Hillary were earlier arraigned on a three-count charge bordering on conspiracy, unlawful possession of hard drugs, and knowingly permitting the use of club premises for alleged illicit drug activities.
The NDLEA had told the court that its operatives raided the nightclub on October 26, where it allegedly recovered 169 cylinders of nitrous oxide, commonly known as laughing gas, weighing 384.662 kilograms, as well as 200 grams of cannabis sativa.
According to the agency, the substances were intended for use at an illegal drug party, and it sought to establish that the defendants had knowledge of and control over the items found on the premises.
The prosecution also urged the court to consider forfeiture of the nightclub, describing it as an instrument of crime.
However, defence counsel, Chikaosolu Ojukwu, urged the court to dismiss the case, arguing that the prosecution failed to link the defendants to the alleged offences.
“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.
He argued that the evidence led was inconsistent and insufficient in law to require the defendants to open their defence.
In his ruling, Justice Lewis-Allagoa agreed with the defence, holding that the prosecution’s case fell short of the minimum legal threshold.
“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 said.
He consequently upheld the no-case submission and discharged both defendants.
