Some of the convicted Thai nationals
Justice Daniel Osiagor of the Federal High Court Lagos, today convicted and sentenced a vessel MV Chayanee Naree and it’s 10 Thai crew members who have been facing trial in a four count amended charge of importation of 32.9 kilogrammes of Cocaine since 2021.
Justice Osiagor convicted and sentenced the vessel and its crew members following a plea bargain agreement reached between the NDLEA and the defendants wherein the first defendant “MV Chayanee Naree” agreed to pay a fine of $4 million in lieu of imprisonment while seven of the Thai crew members on board the vessel are to pay a fine of $ 30, 000 apart from the three principal officers in the ship, the Ship Captain, First Master and Ship Master who are to pay the sum of $50,000 each in lieu of imprisonment.
The ten defendants are also to pay the sum of N100,000 each as restitution.
Other terms as contained in the plea bargain agreement is that upon the discharge of the defendants and payment of the the agreed fines and restitution, the defendants shall be free to go back to thier country.
At the resumed trial of the convict today, Justice Osiagor endorsed the terms as contained in the plea bargain agreement between the NDLEA and the defendant as the judgement of the court following the adoption of the terms by both the prosecution and the defence counsel last week.
The defendants had on April 8, 2025 pleaded guilty to the offence of trafficking in Cocaine and informed the court that they are in talk with the prosecution for the possibility of a plea bargain agreement.
However, the plea bargain agreement did not cover the six Nigerian labourers working on board the vessel who seems to have been abandoned to continue facing the rigor of trial.
A cording to the charge filed by the National Drug Law Enforcement Agency, (NDLEA), MV Chayanee Naree , the 10 Filipinos crew members and the six Nigerian laborers on board the vessel were alleged to have on the 13th day of October 2021 without lawful authority, transported 32.9 kilograms of Cocaine, a narcotic drug from Santo Port, Brazil to Nigeria.
They were also alleged to have at the same time and place failed to take reasonable precaution to ensure that their vessel MV CHAYANEE NAREE is not used in the commission of offence which resulted in the unlawful transportation of 32.9 kilograms of Cocaine, a narcotic drug from Santos, Brazil to Lagos, Nigeria.
After about five years of trial, the vessel and it’s Thai crew members informed the court late on 8th of April 2025 that they have reached a plea bargain agreement with the NDLEA and opted to change their plea from not guilty to guilty.
Consequently the vessel and it’s 10 foreigners retake their plea wherein they pleaded guilty to the charge.
At the resumption of trial last Friday, Justice Osiagor informed the parties that he has some concerns with certain conditions as contained in the terms of agreement, but added that he would restrict his observation to only one so that the process can be allowed to sail through.
The trial judge asked both parties to come forward and address him on the propriety of asking each of the 10 Thai Crew members to pay a restitution of N100,000 and at the same time asking them to pay another $30,000 each as fine apart from the three principal officers of the ship who are to pay the sum of $50,000 as fine and another N100,000 as restitution.
Justice Osiagor added that under ACJA the issue of payment of restitution is to victims of crime, but that in this case there is no victim wandering why the double jeopardy.
However, when the matter came up for trial on Friday as ordered by Justice Osisgor both parties pleaded with the court to accept the terms which they said was agreed upon voluntarily by all involved.
