Hon Justice Ambrose Lewis-Alagoa of the Federal High Court, Ikoyi, Lagos, yesterday discharged a popular socialite and nightclub owner, Mike Nwalie, known as Pretty Mike, along with the club’s supervisor, Joachim Hillary, after upholding their no-case submission.
The ruling ended the drug-related prosecution instituted against them by the National Drug Law Enforcement Agency (NDLEA), as the court found that the evidence presented failed to establish a prima facie case necessary for them to enter a defence.
Pretty Mike, the owner of Proxy Lagos nightclub in Victoria Island, and Hillary were intially arraigned on a three-count charge bordering on conspiracy, unlawful possession of hard drugs, and knowingly allowing the use of the club premises for illicit drug activities.
The charges arose from an NDLEA raid on the nightclub on October 26, where the agency claimed to have seized 169 cylinders of nitrous oxide, also known as laughing gas, weighing 384.662 kilogrammes, and 200 grammes of cannabis sativa.
The prosecution alleged that the substances were intended for an illegal drug party and tried to connect the defendants to their possession and storage. It also sought the forfeiture of the nightclub, describing it as an instrument of crime.
However, after 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.
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 for proving criminal liability.
Citing criminal procedure provisions, the counsel 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.
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.
The decision effectively ended the criminal proceedings against the defendants at the preliminary stage.
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