The three Mexicans and seven Nigerians currently standing trial at a Federal High Court in Lagos over alleged involvement in the setting up of a super clandestine laboratory and the production of 2,419.48 kg of methamphetamine worth over N480 billion have lost out in their bid to secure bail pending conclusion of their trial.
The trial judge, Akintayo Aluko dismissed their bail motion on Wednesday, citing the likelihood that they may no longer be available for trial.
In a ruling, Justice Aluko held that the defendants failed to place sufficient materials before the court to justify the exercise of its discretion in their favour, stressing that bail in criminal proceedings is discretionary, but must be exercised judicially and judiciously.
“Bail could be refused where there were reasonable grounds to believe that an accused person might commit another offence, interfere with the investigation or trial, destroy or frustrate the proper investigation of an offence, or otherwise undermine the administration of justice.
“One of the primary purposes of bail was to ensure that an accused person remained available to face trial. Where there was reason to believe that an accused person might abscond, the trial court was entitled to refuse bail.
“The prosecution had raised specific allegations in its counter-affidavit which were relevant to the determination of whether the defendants should be released. Some of the allegations were not effectively denied by the defendants”, the judge held.
Relying on judicial authorities, Justice Aluko further held that failure to effectively deny material facts contained in a counter-affidavit could amount to an admission of those facts.
He consequently held that the allegations which the defendants failed to effectively controvert constituted sufficient material for the court to decline to exercise its discretion in their favour.
In the final analysis, the judge dismissed the defendants’ bail motion, saying “it was not well made out”.
Justice Aluko consequently ordered that the defendants should remain in prison pending conclusion of their trial.
The defendants are; Juan Carlos Meza Torrero, Nemecio Martinez Felix, Jesus Lopez Valles, Anochili Innocent, Nwankwo Sunday Christian, Egwuonwu Uchenna Victor, Igwe Abuchi Remijus, Ifeanyichukwu Chibuike Joshua, Omonughwa Kingsley Orike and Emeka Christopher Nwobum.
They are facing an 11-count charge filed by the National Drug Law Enforcement Agency (NDLEA) over their alleged involvement in the production and trafficking of methamphetamine and the acquisition and transportation of precursor chemicals used in its manufacture.
The prosecution alleged that the defendants were behind a clandestine laboratory in a forest at Mowe Village, Ijebu East Local Government Area of Ogun State, where 2,419.48 Kilogrames of methamphetamine, with an estimated international street value of more than N480 billion, was allegedly produced.
