A Malaysian court of Appeal has freed four Nigerians, including two former students after hearing their pleas in the case of drug trafficking.
After hearing their pleas in the case of drug trafficking, a Malaysian Court of Appeal freed four Nigerians, including two former students.
According to reports, a Nigerian merchant, and two former students, Mbachu Chibuzo and Mbuga Vincent, turned down the prosecution’s offer to reduce their charges to narcotics possession.
After hearing submissions, Judge Kamaludin Md who chaired a three-member panel, said their appeal had enough merit to warrant an acquittal.
“The conviction by the trial judge is unsafe as there were serious errors of law,” said Kamaludin.
On June 16, 2017, three Nigerians allegedly traded 770 grams of methamphetamine in front of a restaurant on Jalan Danau Kota in Wangsa Maju, Kuala Lumpur.
They were convicted and sentenced to death by the Malaysian High Court in 2020.
Lawyer Afifuddin Hafifi argued that the trial judge erred in law by shifting the burden of proof to the three individuals when it was always with the prosecution.
Afifuddin, who was assisted by Hafizuddin Salehuddin, said the prosecution also failed to call or offer four material witnesses when their defence was called.
Deputy Public Prosecutor Nahra Dollah urged the bench to uphold the conviction, claiming that the trial judge did not violate the law.
In the second instance, businessman Favour Chinedu Atashie was sentenced to 13 years in prison and was ordered to be lashed ten times for possessing 2.75 kg of methamphetamine at the KLIA arrival terminal on July 20, 2014.
He was sentenced to death in 2018 but the prosecution accepted an oral representation on Monday, December 13 to have the charge reduced.
The same bench imposed the jail term and whipping after hearing the submission on sentencing from deputy public prosecutor Nurul Farhana Khalid.
Afifuddin, in mitigation, urged the bench to temper justice with mercy so that Atashie could serve his jail term before being deported home.