High Court Judge Mzonde Mvula sitting in Lilongwe has ordered the immediate release of Nigerian national Mike Chukwu, who was arrested on Saturday at Lilongwe International Airport (KIA), together with the six suspected drug lords with alleged links to a Mexican cartel.
The judge said his detention was unlawful, and violation of section 42 (2) (b) of the constitution of the Republic of Malawi.
Chuku was at the airport to welcome Cristhian Jovanny Hernandez (30), Luiz Armando Ramirez (44), Mario Picas (32), Armando Hernandez (32), Adrian Angulo (30), and Panfilo Hernandez (27), shortly after arriving on an Ethiopian Airlines flight.
National Police spokesperson Peter Kalaya said they were arrested joint security mission by the USA and Malawi governments.
According to his lawyer Jefferson Luwa of Blackstone Chambers, Chuku was at first charged with aiding illegal importation of drugs, but it was later changed to action likely to cause breach of peace.
“They changed the charge after they found no evidence linking him to the first crime. In fact, after their search, they found no drugs with the Mexicans. The relationship between my client and the six Mexicans was to facilitate their stay in Malawi before they reach their destination, Mozambique. They were just in transit here.
“After noting that they were still keeping my client under custody, that’s when we applied for an order to release him from unlawful detention,” he said
Meanwhile, Luwa has indicated that his client intends to sue government for false imprisonment and defamation related charges.
“He was about to travel to the United States of America, and when news about his arrest related to drug trafficking got published, his VISA was cancelled,” he said
Mvula released Chuku on bail on condition that he pays a cash bond of K500 000, produce two sureties to be examined within 48 hours after his release each with a non-cash bond of K500 000 and he should report to National Police Headquarters once a fortnight.
“It has been found as a fact that the detention is unlawful, and violation of section 42 (2) (b) of the constitution of the Republic of Malawi