Federal High Court Acquits Woman of 233.7kg Cannabis Possession Charges in Delta State

By Foster Akpore

A Federal High Court sitting in Asaba, Delta State, has acquitted Patricia Saduwa of charges related to the illegal possession of 233.7 kilograms of Cannabis Sativa, also known as marijuana, brought against her by the National Drug Law Enforcement Agency (NDLEA). This decision concludes a trial that lasted nearly three years.

The judgment, delivered by Justice F.A. Olubanjo, centered on a single count of unlawful possession of cannabis. The NDLEA had accused Saduwa of being in possession of the illegal substance in a case filed in 2022, following a raid at a residence in Orogun Meta, Delta State. The agency alleged that cannabis was discovered in a room where no one was residing, and a neighbor, Faith Ovwe, pointed to Saduwa as the owner of the drugs.

Saduwa, upon her arrest, denied ownership of the cannabis, asserting that the substance belonged to her husband. Although both women were taken to the NDLEA office where the cannabis was tested and confirmed to weigh 233.7 kilograms, only Saduwa was charged, while Ovwe was released on bail.

The NDLEA claimed that their investigation revealed the cannabis was stored in a house belonging to Saduwa’s late father-in-law, and they alleged that she frequently visited the property to store and retrieve the substance.

During the trial, the prosecution called four witnesses, while the defense relied on Saduwa’s testimony. Defense counsel Dennis Warri argued that the NDLEA failed to prove beyond reasonable doubt that Saduwa was in physical or constructive possession of the cannabis. He highlighted the absence of evidence tying Saduwa to the drugs and questioned the admissibility of the forensic report since the analyst was not brought to testify.

Justice Olubanjo ruled in favor of the defense, noting that the prosecution’s failure to secure the testimony of Faith Ovwe and present title deeds for the property weakened their case. The judge emphasized that Saduwa had consistently denied ownership of the cannabis, maintaining that it belonged to her husband.

In conclusion, the court found that the prosecution did not meet the legal threshold to prove Saduwa’s guilt beyond reasonable doubt. Justice Olubanjo acquitted and discharged Saduwa, but urged the NDLEA to continue efforts to apprehend Austin Saduwa, her husband, who was alleged to be the actual owner of the drugs.

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