PUTRAJAYA: A Nigerian was sentenced on an amended charge to 12 years’ jail on two counts of drug possession six years ago.
The Court of Appeal also ordered Ngonadi Chibuzor Innocent, 44, to be whipped 20 times.
At today’s proceeding, lawyer Afifuddin Ahmad Hafifi informed the three-member bench that the Attorney-General’s Chambers had accepted Innocent’s representation.
It is understood that the representation was to reduce the charge from one of trafficking to possession.
Deputy public prosecutor K Mangai also confirmed the matter but did not disclose the reason for allowing the representation.
In 2019, the High Court in Shah Alam sentenced him to death for trafficking 93.10g of cocaine and 1.1kg of cannabis at two different locations in Gombak, Selangor, on Sept 12, 2017.
Innocent, a former employee of a restaurant in Kepong that served African food, pleaded guilty to the amended charge today.
The bench, chaired by Justice Kamaludin Said, who was flanked by Justice Ahmad Nasfy Yasin and Supang Lian, sentenced Innocent to 12 years’ jail and 10 strokes of the rotan on each of the offences.
The jail terms are to run concurrently, meaning he will serve only 12 years in jail and receive 20 strokes of the rotan.
Meanwhile, at the Federal Court, another Nigerian, Muo Obi Benjamin, failed in his appeal to further reduce his 17-year jail term for drug possession.
A three-member bench, chaired by Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, said the custodial sentence was not manifestly excessive.
Sitting with him on the panel were Justices Zabariah Yusof and Harmindar Singh Dhaliwal.
In 2018, Benjamin, a businessman, was sentenced to death for trafficking 1.5kg of methamphetamine at KLIA in Sepang on Oct 5, 2015 after he was found guilty.
The Court of Appeal in 2020 set aside the death penalty and instead sentenced him to 17 years’ jail and 10 strokes of the rotan for possession.
Deputy public prosecutor Nahra Dollah submitted that the existing jail sentence should be maintained to serve as a deterrent to would-be offenders.
“The current sentencing trend for possessing drugs of that weight is between 15 and 18 years,” said Nahra, who was assisted by DPP Dhiya Shazwani Akhir.
Benjamin, 34, who represented himself, urged the court to show mercy as he had some health problems.