Court Advises State to consider withdrawing Uche case
02 Jun 2026
Extension II Chief Magistrate Ms Kamogelo Mmesi has advised the state to consider withdrawing with liberty to reinstate a case against Nigerian Njoku Uche, charged with aiding and abetting crime.
Uche (53) is allegedly the mastermind behind the six Mexicans, who were earlier this year slapped with 12 months imprisonment and fined P5000 each for entering the country illegally and also found to be in the Interpol wanted list in Mozambique in relation to trafficking and dealing with illegal substance.
Magistrate Mmesi made the suggestion on Tuesday after the defence attorney expressed frustration over the state’s handling of the proceedings.
Uche’s attorney Mr Farayi Mahwite told the court that the defence was struggling because of how the state had handled the matter since the departure of its initial substantive prosecutor, noting that the case has stalled.
“We are yet to be served with the summary of the state’s case,” he said, adding that the matter had lingered before the court despite repeated appearances.
Mr Mahwite argued that continued appearances were only accruing expenses for his client, and that even if the case was set for August, nothing would change in the state’s posture.
Thus, he suggested the matter be called in November instead to allow the State to put its house in order.
He said one of the state’s difficulty was that its case relied on alleged confessions by the convicted Mexicans, who had admitted to entering the country illegally and were sentenced to 12 months’ imprisonment and P5,000 each.
“The state is running out of time to consolidate its case against the accused. They need ample time so they can put their house in order,” said Mr Mahwite.
Magistrate Mmesi then postponed the matter to August 11 for a status update, adding that it would be withdrawn with liberty to reinstate should the state fail to make progress.
Njoku’s co-accused were six Mexicans: Gumecindo Enrique, Jose Pena, Francisco Alejandro, Jose Corrales, Carlos Aguilar and David Teran, who were sentenced in January this year, while Njoku awaited trial for allegedly aiding and abetting the crime by acting as the go-between for the Mexicans and their illegal stay in the country.
Apart from their illegal stay, the Mexicans were also found to be under the radar of Interpol , and linked to trafficking and dealing in illegal substances in Mozambique, although they all claimed ignorance of their Interpol warrant of arrest. ENDS
Source : BOPA
Author : Bonang Masolotate
Location : Gaborone
Event : Mention
Date : 02 Jun 2026
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