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Seej Africa > Blog > Africa > A Wildlife Crime Case in Federal Court, Lagos, Nigeria
AfricaMajor Wildlife Seizures

A Wildlife Crime Case in Federal Court, Lagos, Nigeria

SEEJ-AFRICA
Last updated: July 31, 2023 5:39 pm
SEEJ-AFRICA Published July 20, 2023
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Three of the seven accused standing in Court 5 of Lagos Federal Court on July 12th, 2023

Last Wednesday I had the extreme good fortune to attend a wildlife trafficking trial in Lagos, Nigeria. 3 Vietnamese nationals, 1 Guinean, 1 Cameroonian, and 2 Nigerians were facing multiple charges relating to a seizure in Lagos in July 2021 of 7,137 kg of pangolin scales, 4.6 kg of pangolin claws and 846.34 kg of elephant ivory. It was being prepared for transport to Vietnam.

The multi-national element of the accused speaks to the transnational nature of the illegal trade. A Guinean, part of the West African crime group that has become an essential supplier of ‘product’ for many years. The Vietnamese, prime buyers of ‘product’ primarily for sale to Chinese consumers. A Cameroonian, from a prime source country of pangolin scales and forest elephant ivory, and the Nigerians, providing the hands-on work.

Court 5 in Lagos Federal court is not big, slightly larger than 2 x 40′ containers side by side. For the public ‘gallery’, there is comfortable bench seating for 20. On the day I attended, there were, at one point, 25 wigged and black-gowned lawyers seated in the body of the court in addition to myself, Wilson Ogoke of Africa Nature Investors (Lagos), and one other.

After almost 3 hours of listening to judgments and rulings on civil matters relating to failed property acquisitions, business deals, and stock purchases, our case came up. The 3 Vietnamese accused indicated to the court that they wished to change their plea to guilty, perhaps tired of being on remand in a Nigerian jail since their arrest. This move appeared to catch the 3 other defense lawyers off guard, indicated by some animated murmuring between them. Within minutes, the prosecutor had agreed in principle to a deal and Lady Justice Bogoro adjourned the matter to July 19th for trial (and possible guilty plea). Two hours and 45 minutes of sitting in a hot, airless court like a tinned-sardine was over.

Justice and deterrence for wildlife-related crime in Nigeria is a challenge. Generally, the country does not see it as a priority for them. The bulk of elephant ivory, the pangolin scales, the rhino horn, the lion bones, and the grey parrots shipped from their country do not come from their country. It is shipped from Nigeria because the levels of corruption are high and the financial cost of that corruption is lower than other countries.

Also, the laws relating to these wildlife crimes in Nigeria are convoluted and weak. Two months ago, a Lagos clearing agent pleaded guilty for his part in attempting to ship 8.8t tonnes of pangolin scales and tonnes of ivory to Vietnam in January 2021. He was sentenced to a 15,000 Naira fine (USD $20) or in default 6 months in jail. Not surprisingly, he opted for the $20 fine. The only saving grace was he had been in remand for 3 months at time of sentencing. New endangered species legislation was drafted 18 months ago but the recent election caused a delay in its passing.

This case is under the spotlight to see if Nigeria can up its game.

Court #5
A sea of wigs in the court, at one point 22 gowned lawyers and 3 others. I was one of the others.

July 19th, 2023:

Yesterday, back in  the plea deal went through and the 3 Vietnamese and 1 Guinean national were sentenced. They pled guilty to 4 different counts in relation to the shipment. Total jail time that could be incurred was 6 years but that was only if they could not pay the total fine of 4.7 million Naira which equates to about USD $6000. One could not be faulted to assume that those who are part of a Vietnamese crime group and a West African crime group, could not come up with $6000.

Wildlife Trafficking: Court Jails Three Vietnamese, One Cameroonian

  The Federal High Court sitting in Lagos Thursday sentenced four foreigners to six years imprisonment for wildlife trafficking. 
 
By Shola Soyele
 
The Federal High Court sitting in Lagos Thursday sentenced four foreigners to six years imprisonment for wildlife trafficking.
 
The convicts are three Vietnamese – Phan Viet Chi, Phan Hong Quan and Duong Van Thang – and a Cameroonian, Mory Berrette.
 
Justice Yelim Bogoro convicted the four following their plea of “guilty” to an amended four-count charge, after they entered a plea bargain agreement with the Nigeria Customs Service (NCS).
 
Specifically, the court sentenced each of the four men to three years imprisonment on the first count or the sum of N500,000 each as fine in lieu of imprisonment.
 
“Two years imprisonment on the second count, or in lieu of imprisonment pay the sum of N2 million each as a fine.
 
“That the convicts shall each pay a fine in the sum of N2 million each for the third count, being first-time offenders.
 
“That the convicts shall each be sentenced to one year’s imprisonment on the fourth count or in lieu of imprisonment pay the sum of N200,000 each as fine.”
 
According to the terms of the plea bargain deal, the convicts “will assist in providing useful information for the arrest of other persons at large who are involved in the wildlife trafficking trade within and outside Nigeria”.
 
 
The convicts also agreed “to stand as witnesses for the prosecution when required to do so, in the event that the absconding suspects involved in the trace of illegal wildlife trafficking within and outside Nigeria are arrested now or at any time in the future.”
 
The four had been standing trial since last year alongside two Nigerians, Babangida Mahmoud and Olamilekan Adenekan, and a Guinean, Fofou Dadjo Evariste.
 
The seven defendants were arraigned by the NCS on July 22, 2022, for alleged illegal possession, dealing in, assembling, storing, smuggling and trading in pangolin scale and elephant’s ivory.
 
These defendants and others were arrested as a result of joint wildlife enforcement operations by the NCS and the Wildlife Justice Commission (WJC), targeting illegal wildlife traders and traffickers from Africa to Asia.
 
The prosecution informed the court that all the defendants committed the offences between 2018 and 2022, in Lagos.
 
The defendants pleaded not guilty and the trial commenced.
 
On June 12, the Vietnamese defendants’ counsel, Mr Anthony Ikariale, told Justice Yelim Bogoro that his clients were in talks with the NCS for a plea bargain agreement but that the process had yet to be concluded.
 
He prayed the court for a short adjournment.
 
The NCS’ Director of Prosecution, Mr Smart Akande, who led Mr Michael Osang, confirmed Ikariale’s position.
 
Justice Bogoro granted the application and adjourned till July 17.
 
At the resumption of trial on Wednesday, Mr Akande leading Mr Osang, appeared for the prosecution.
 
Akande informed Justice Bogoro that the “1st, 2nd, 3rd and 4th Defendants have hinted to our office that they’re willing to change their plea.
 
“Pursuant to that, we have filed an amended charge which we urge the court to adopt and take the plea of the defendants.”
 
Following the court’s approval, the amended charge was read to the first to fourth defendants.
 
They pleaded guilty to each of the four counts.
 
At Justice Bogoro’s prompting, the prosecution called Mr Yisa Umar of the NCS Special Wildlife Unit, Ikeja, who reviewed the facts of the case and tendered 37 exhibits, including sample Pangolin skin, seizure receipt, certificate of text analysis and defendants’ statements.
 
Justice Bogoro held: “The prosecution had called its first witness which gave evidence and was duly cross-examined. But on the 12th of July, 2023, the 1st to 3rd defendants hinted to the court about their intention to change their plea via a plea bargaining arrangement.
 
“Today, 19th of July, the prosecution filed the terms of the plea bargain agreement. In view of this, I find the 1st to 4th defendants guilty as charged and adopt the sentence therein.”
 
But the 5th, 6th and 7th defendants maintained their “not guilty” plea.
 
The judge granted an application by the prosecution to confiscate the pangolin skins recovered from the defendants and adjourned till November 5, 6 and 7 to 9 for the trial of the 5th, 6th and 7th defendants.
 
https://www.channelstv.com/2023/07/19/wildlife-trafficking-court-jails-three-vietnamese-one-cameroonian/

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