Court Acquits Socialite Pretty Mike of Drug Charges, Upholds No-Case Submission
Justice Ambrose Lewis-Alagoa of the Federal High Court in Ikoyi, Lagos, has discharged popular socialite and nightclub owner Mike Nwalie, widely known as Pretty Mike, along with his club supervisor, Joachim Hillary, after upholding their no-case submission in a drug-related case. The ruling, delivered yesterday, effectively ends the prosecution initiated by the National Drug Law Enforcement Agency (NDLEA), as the court found the evidence presented failed to establish a prima facie case necessary for the defendants to enter a defence.
Background of the Charges
Pretty Mike, the owner of Proxy Lagos nightclub located in Victoria Island, and Hillary were initially arraigned on a three-count charge that included conspiracy, unlawful possession of hard drugs, and knowingly allowing the use of the club premises for illicit drug activities. The charges stemmed from an NDLEA raid on the nightclub on October 26, during which the agency claimed to have seized 169 cylinders of nitrous oxide, commonly referred to as laughing gas, weighing 384.662 kilogrammes, and 200 grammes of cannabis sativa.
The prosecution alleged that these substances were intended for an illegal drug party and attempted to connect the defendants to their possession and storage. Additionally, the NDLEA sought the forfeiture of the nightclub, describing it as an instrument of crime in the ongoing legal proceedings.
Defence Argument and No-Case Submission
Following the prosecution's case, the defence counsel, Chikaosolu Ojukwu (SAN), filed a no-case submission, arguing that the evidence provided did not directly link the defendants to the alleged offences. Ojukwu contended that the evidence was weak, inconsistent, and legally insufficient to compel the defendants to present their defence. He emphasised that mere suspicion or circumstantial claims without clear evidence could not support a criminal charge under Nigerian law.
The defence further argued that the prosecution failed to establish ownership, control, or knowledge of the alleged substances by the defendants, falling short of the legal threshold required for proving criminal liability. Citing criminal procedure provisions, Ojukwu asserted that when no prima facie case is evident at the close of the prosecution's case, the court must uphold a no-case submission and acquit the defendants to ensure justice is served.
Court's Ruling and Implications
In his ruling, Justice Alagoa agreed with the defence, determining that the prosecution's evidence did not meet the minimum standard required to sustain the charges. The court found that the case, at best, was based on mere suspicion and lacked the compelling evidence needed to link the defendants to the alleged drug activities. Consequently, the judge upheld the no-case submission and discharged the defendants without requiring them to enter their defence.
This decision effectively ends the criminal proceedings against Pretty Mike and Hillary at the preliminary stage, marking a significant legal victory for the defendants. The ruling underscores the importance of robust evidence in criminal prosecutions and highlights the judicial system's role in protecting individuals from unfounded accusations.
