A Federal High Court in Lagos has discharged socialite and nightclub owner, Mike Nwalie, popularly known as Pretty Mike, along with his club supervisor, Joachim Hillary, after upholding their no-case submission in a drug-related case filed by the National Drug Law Enforcement Agency (NDLEA).

Delivering judgment on Wednesday, Justice Ambrose Lewis-Allagoa held that the prosecution failed to present sufficient evidence to establish a prima facie case against the defendants. The court ruled that the evidence presented did not warrant requiring the defendants to open their defence.

“The evidence placed before the court does not disclose a prima facie case,” the judge stated, adding that, at best, the prosecution’s case raised mere suspicion, which is insufficient to sustain a criminal conviction.

Nwalie, owner of the Proxy Lagos nightclub in Victoria Island, and Hillary were arraigned on a three-count charge bordering on conspiracy, unlawful possession of prohibited substances, and allegedly permitting the use of the premises for illicit drug activities.

The NDLEA had told the court that its operatives conducted a raid on the nightclub on October 26, during which they allegedly recovered 169 cylinders of nitrous oxide, commonly known as laughing gas, weighing 384.662 kilograms, as well as 200 grams of cannabis. The agency argued that the substances were intended for use at an illegal drug-related gathering and sought to establish that the defendants had knowledge of and control over the items.

The prosecution also urged the court to order the forfeiture of the nightclub, describing it as an instrument used in the commission of a crime.

However, defence counsel, Chikaosolu Ojukwu, contended that the prosecution failed to establish any direct link between his clients and the alleged offences. He argued that no credible evidence was presented to prove ownership, possession, or knowledge of the substances.

“Mere suspicion, however strong, cannot take the place of proof beyond a reasonable doubt,” Ojukwu submitted, adding that the prosecution’s case was inconsistent and legally insufficient.

In his ruling, Justice Lewis-Allagoa agreed with the defence, concluding that the case did not meet the required legal threshold.

“I find that the prosecution has not made out a prima facie case against the defendants,” he held. “To require them to enter their defence would amount to speculation rather than judicial reasoning.”

With the ruling, both defendants were discharged, bringing the case to a close.