Wale Igbintade
Justice Akintayo Aluko of the Federal High Court, Lagos, has refused to grant bail to 10 defendants facing trial over their alleged involvement in the production of methamphetamine at a clandestine laboratory in Ogun State.
The defendants comprise three Mexican nationals and seven Nigerians.
Ruling on their separate bail applications, Justice Aluko held that the defendants had failed to place sufficient materials before the court to justify the exercise of its discretion in their favour.
The judge stressed that although bail in criminal proceedings is discretionary, such discretion must be exercised judicially and judiciously, based on the materials presented before the court.
Justice Aluko said one of the primary purposes of bail was to ensure that an accused person remained available to face trial, adding that bail could be refused where there were reasonable grounds to believe that a defendant might abscond, commit another offence, interfere with the investigation or trial, destroy evidence or otherwise undermine the administration of justice.
The judge noted that the prosecution had made specific allegations in its counter-affidavit which, given the circumstances of the case, constituted relevant factors in determining whether the defendants should be released.
He observed that some of the allegations had not been effectively denied by the defendants.
Justice Aluko further noted that some of the defendants admitted that chemicals were found in their possession but claimed that the substances were meant for legitimate purposes and were not connected with the production of methamphetamine.
Relying on judicial authorities, the judge held that failure to effectively deny material facts contained in a counter-affidavit could amount to an admission of those facts.
He consequently held that the allegations which the defendants failed to effectively controvert constituted sufficient material for the court to decline to exercise its discretion in their favour.
The judge also rejected the defendants’ reliance on alleged medical conditions as a basis for their release.
He noted that the defendants had failed to attach medical reports to substantiate their claims of ill health.
Justice Aluko also found that there was no evidence before the court indicating that the detention facility was incapable of providing adequate medical care or accommodating the defendants’ medical needs.
“The application for bail is not well made out,” the judge held.
The court further referred to decisions of the Court of Appeal cautioning trial courts against granting bail where there was reason to believe that an accused person was likely to abscond and evade trial.
Justice Aluko said the peculiar facts of the case also made it necessary for him to rely on the Supreme Court’s decision in Bamaiyi v. State, particularly its emphasis on safeguards within the criminal justice system for the prosecutor, accused person and victim.
According to the judge, those safeguards recognise the need to ensure that an accused person awaiting trial remains available to face proceedings and does not interfere with the administration of justice.
Justice Aluko held that where there was good reason to believe or strongly suspect that an accused person might abscond or interfere with the administration of justice, the court was entitled to take appropriate measures within its jurisdiction.
He, however, observed that one of the safeguards available in such circumstances was the acceleration of the trial.
The judge noted that the court had already ordered an accelerated hearing of the case and that trial had commenced.
In the circumstances, Justice Aluko held that the defendants had failed to establish sufficient grounds for the grant of bail.
He accordingly dismissed the bail applications and ordered that the defendants remain in custody pending the continuation of their trial.
The National Drug Law Enforcement Agency (NDLEA) had on July 10, 2026, arraigned the defendants before the Federal High Court in Lagos over their alleged involvement in the operation of a clandestine methamphetamine laboratory in Ogun State.
They were initially brought before Justice Musa Kakaki on an 11-count charge bordering on conspiracy, establishment of an illegal drug laboratory, production of methamphetamine and other drug trafficking-related offences.
The defendants were arrested during coordinated operations in Ogun and Lagos states between May 16 and May 18, 2026.
Those arraigned are Innocent; Juan Carlos Meza Torrero, 49; Nemecio Martinez Felix, 46; Jesus López Valles, 40; Nwankwo Sunday Christian, 41; Egwuonwu Uchenna Victor, 38; Igwe Abuchi Remijus, 43; Ifeanyichukwu Chibuike Joshua, 23; Omonughwa Kingsley Orike, 45; and Nwobum Emeka, 59.
The NDLEA alleged that the defendants established a “super clandestine laboratory” in Mowe village, Ijebu East Local Government Area of Ogun State, where they produced 2,419.48 kilogrammes of methamphetamine with an estimated international street value of more than N480 billion.
The agency said its operatives raided the laboratory, which was concealed inside a forest in Mowe, on May 16, 2026, arresting four Nigerian suspects alongside the three Mexican nationals, whom it described as experts in methamphetamine production.