High Court acquits Nigerian after six-year heroin trafficking case

Following Henry’s death, the Economic Crimes Case No. 5757/2024 continued against Mr Ogbu alone.

Justice Monica Otaru delivered the ruling on Friday, September 26, 2025, with a copy uploaded the same day on the Judiciary’s online portal.

After hearing both sides and reviewing evidence, Justice Otaru ruled that the prosecution failed to discharge its burden of proof and that the testimony and exhibits could not sustain a conviction.

She ordered Mr Ogbu’s immediate release, directing that his passport and phone be returned, while the seized narcotics be handed to the Anti-Drugs Unit (ADU) for destruction under the law.

Case background

The prosecution alleged that on April 21, 2019, at Pemba Street, Kariakoo in Dar es Salaam, the accused was caught trafficking 15.79 kilogrammes of heroin.

The prosecution presented nine witnesses and five exhibits, led by two prosecutors.

Mr Ogbu, represented by two defence lawyers, testified as the only defence witness.

The second prosecution witness from ADU, Inspector Philemon Mbinda, said he received a tip-off on April 21, 2019, that two Nigerian men were involved in drug trafficking.

He said his team traced Henry to a bar in Kariakoo, who then led them to his flat at Cliffton Apartments on Pamba Street in the same area.

At the apartment, Mr Ogbu, who was inside, opened the door. Officers searched the premises and found, in the kitchen, a large blue plastic container containing suspected narcotics.

According to Inspector Mbinda, nine packets of white powder were in the container and another nine in a sack.

Officers also seized the suspects’ passports, a vehicle, a registration card in the name of “Oliver”, and ten mobile phones.

Both men were arrested, and samples of the seized substances were sent to the Government Chemist Laboratory, which confirmed they were heroin weighing 15.79 kilogrammes.

Testifying under oath, Mr Ogbu denied the charges and sought his acquittal.

Judge’s ruling

Judge Otaru stressed that in criminal law, the burden of proof lies with the prosecution, which must prove its case beyond a reasonable doubt.

She outlined four issues for determination: whether the seized substance was narcotics; whether its weight exceeded 200 grammes; whether the chain of custody was intact; whether the accused was trafficking the drugs; and whether the defence raised a reasonable doubt.

The first prosecution witness, Mr Ramadhan Hassan, said he received 15 suspected packets, registered them under reference No. 1269/2019, weighed them at 15.79 kilogrammes, and extracted samples for testing.

Justice Otaru said the court was satisfied from this testimony that the exhibit was indeed heroin weighing 15.79 kilogrammes.

The next issue was whether Mr Ogbu was trafficking the drugs. The judge noted that the testimonies of the second, third, and seventh witnesses were crucial.

Inspector Mbinda testified that his informant only said two Nigerians were involved in drug trafficking, without naming them.

He added that when Mr Ogbu opened the apartment door, Mr Henry told officers his “brother” (the accused) would show them where the drugs were, as he was in charge.

But the third and seventh witnesses testified differently, saying only that Mr Henry told police he would show them the drugs inside, while Mr Ogbu merely knew where items were stored.

“These are two very different meanings. Knowing where something is kept does not necessarily mean one controls it,” said Judge Otaru.

The judge also weighed testimony from the fourth witness, the landlord, who said his tenant was a Nigerian called “Oliver”, who paid rent until April 19, 2019. He believed Oliver and Henry were the same person.

But Inspector Mbinda said his investigation showed Oliver existed separately, having since left for Mozambique.

Mr Ogbu claimed that Oliver left the flat and a vehicle in Mr Henry’s care after his rent expired.

Judge Otaru noted the landlord had met Oliver only once and might have mistaken him for Mr Henry.

She also pointed to inconsistencies in communications allegedly between Oliver and the landlord, suggesting Mr Henry may have posed as Oliver.

After assessing all testimonies, the judge found the prosecution’s claim that Mr Ogbu assisted Mr Henry in trafficking was riddled with doubt.

“Convictions cannot be based on such doubtful evidence. The prosecution was obliged to prove its case beyond a reasonable doubt, but failed. The allegation that the accused aided Mr Henry in trafficking is unproven,” she ruled.

Accordingly, the court acquitted Mr Ogbu and ordered his release.