Ngoforo Ebube Gospel (Nigeria) v Pendakwa Raya

b-05sh-504-10-2024 Court of Appeal (Mahkamah Rayuan) 13 January 2026 • B-05(SH)-504-10/2024 • 18 min read

6 cases cited (0 SG, 6 foreign)

Outcome

Accordingly, the appeal is allowed. The conviction and sentence are set aside, and the Appellant is acquitted and discharged.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (b-05sh-504-10-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal against conviction and sentence – Trafficking – Section 39B(1)(a) of the Dangerous Drugs Act 1952 – Whether the Appellant was denied a fair trial by reason of the acquittal of OKT2 at the close of the prosecution’s case – Whether the learned High Court Judge failed to properly evaluate and give due consideration to the material aspects of the defence - Whether the learned High Court Judge erred in rejecting the Appellant’s defence that he was merely a momentary carrier without knowledge of the drugs.

Practice Areas

Criminal Procedure Criminal Law

Judges (3)

Azmi bin Ariffin Coram Meor Hashimi bin Abdul Hamid Coram Noorin binti Badaruddin Delivered

Counsel (5)

Attorney General's Chamber Firm Salehuddin Saidin & Assoc Firm Afifuddin bin Ahmad Hafifi Counsel Appellant Aina Melina binti Johan Arif Lim Counsel Appellant Allan Suman Pillai Counsel Respondent

Parties (2)

Pendakwa Raya Respondent Ngoforo Ebube Gospel Appellant

Statutes Cited

Criminal Procedure Code (Cap 593)

Dangerous Drugs Act 1952 (Cap 234)

Penal Code (Cap 574)

Cases Cited (6)

MY (6)

[2004] 3 CLJ 737 [2011] 1 CLJ 805 [2014] 1 CLJ 46 [2014] 6 MLJ 525 [2022] 3 MLJ 157 [2022] MLJU 817

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (b-05sh-504-10-2024)