At a preliminary inquiry, the Crown sought committal on charges of importing heroin, conspiracy to import heroin, possession of heroin for the purpose of trafficking, and conspiracy to possess heroin for the purpose of trafficking relating to approximately 10 kg of heroin hidden in carpets imported from Pakistan.
The court applied the Shephard test and the Arcuri framework for circumstantial evidence.
Olufeko and Onaola consented to committal on all counts.
Ajiri was discharged on importing and conspiracy to import counts but committed on possession counts.
Fanikayode contested committal on all three counts.
The court committed Fanikayode to trial, finding sufficient evidence that he conducted counter-surveillance at the cargo terminal and storage facility, from which a jury could infer his membership in the conspiracy and knowledge of the controlled drug shipment.
