The Malta Independent 26 July 2026, Sunday
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Nine years is too long for trial by association

Alice Taylor Sunday, 12 March 2017, 10:15 Last update: about 10 years ago

In 2007, Chukwudi Samuel Onyeabor visited Malta with his family but little did he know that his holiday would end in disaster. A Dutch citizen of Nigerian origin, he had lived in Holland for many years where he had a job, a home, a partner and a child, and a hobby as a writer. What started out as a short trip to relax and enjoy a bit of Mediterranean sun ended up costing him his life as he knew it and taking him on a journey to hell which has lasted almost a decade.

Chukwudi is a soft-spoken (although he speaks passionately about his situation), articulate, affable, and instantly likeable man and as I sat with him at Café Cordina, it was hard to imagine that the person in front of me could be accused of such a crime. As it stands, Mr Onyeabor has spent 22 months in prison, has been on bail for eight-and-a-half years and so far has not been found guilty, nor had a chance to defend himself against the charges of conspiracy to traffic drugs. His case caught the attention of the Maltese media earlier this week when he took to the streets and silently protested outside the Valletta Law Courts with several placards placed around him to tell his story.

Asking him to start right at the beginning, what he recounted in the next two-and-a-half hours beggars belief. Everything he told me is backed up by documents, papers, lawyer's letters, court documents, medical certificates, and letters he has sent to both the President and the Dutch Ministry of Foreign Affairs pleading for their intervention, and I believe every single word he uttered. 

Chukwudi visited the island in 2007 and, while watching a football game he made the acquaintance of a local resident who claimed to be a successful footballer and told tales of his wealth and success. The topic soon turned to business and noting that they had similar interests in the export of cars to Nigeria, they discussed the possibility of working together and agreed to speak after Chukwidi's return to The Netherlands.

Over the next two months, they stayed in touch but it was in early February 2008 that the frequency and tone of the communications changed. His acquaintance became persistent in his requests for him to fly back to Malta and finalise the details of Chukwudi purchasing up to four minibuses to be shipped from Belgium to Nigeria.

Without sensing anything amiss, Chukwudi boarded his flight to Malta and on arrival checked into the Corinthia Hotel where he had arranged to meet his potential business associate. He entered his room, sat down, opened his laptop and prepared for the arrival of his guest but no sooner had his guest entered, the police squad came charging in and held a gun to his head. They searched the room, photographed everything and finding absolutely nothing of any interest or connection to anything illegal, they handcuffed him and took him to Police HQ.

What followed was unacceptable. He was strip searched, repeatedly denied access to a lawyer, did not have his rights read to him, and officers tried to force him to sign a statement he did not agree with. He was then transported to Corradino Prison and detained in the maximum security area. Over the next 22 months (four months more that the law prescribes for people who are refused bail can be detained), he left only to make sporadic appearances in court where quite often, the police would not turn up. He mentioned how astonished he was to see his legal aid lawyer on the telephone at key moments of the initial sitting, and no translator was made available for him during sessions that were held in Maltese.

During his time in prison, he became ill and noticed a large lump at the base of his back. Requesting to see the prison doctor, he was told to "come back when it gets bigger" without any examination taking place. The lump continued to grow and Chukwudi was forced to reveal it to the magistrate during a court session as a desperate plea for medical intervention.

After months of hospital appointments, he was informed that the lump was not dangerous and could be removed with surgery, a diagnosis which was given without any biopsies or blood tests. Not happy with this course of action, Chukwudi attempted to approach other local specialists for a second opinion but found the door quite literally, slammed in his face. Feeling desperate, he made an appeal to the court, an appeal which was refused based on the testimony of a doctor who had never met or examined him, and he was refused leave to travel home for a second opinion.

What happened over the following years after his release from prison can be summed up in one word - nothing. Legal aid lawyers came and went, court hearings went unattended by crucial parties, he remained without medical treatment, without a passport (no alternative identification document was given), without means of opening a bank account, and without any hope of leading a normal life with his young son and girlfriend. His questions to lawyers and officials went unanswered and to this day, he has no notion why he has been dragged into a complex situation that did not involve him. Mr Onyeabor categorically denies being involved in any illegal activities and to date, the police have not informed him of any evidence such as drugs, money, recordings, or anything to link him to any form of drug dealing or trafficking. It seems that Chukwudi's trial is one of association and that his only mistake was to make the acquaintance of someone for legitimate purposes who later turned out to be involved in what were other apparently illegitimate activities.

If people were arrested based on the behaviour and illicit activities of someone they have met once or twice, the majority of this country would be in prison, including the government. It is mind-boggling how the authorities have been allowed to let this case carry on for the best part of a decade, without producing any evidence or witnesses that implicate Chukwudi in any way. Are we not supposed to be treated as innocent until proven guilty? This man has been unlawfully detained, has had his documents confiscated, has been placed under surveillance, has his phones and internet monitored, been assaulted on the street, received death threats, and had his calls to the police for assistance with these matters ignored. And for what? For being in the wrong place at the wrong time, and knowing someone who may or may not be involved in something illegal. The last time I checked, neither of those things is against the law.

The way he has been treated is wrong. It is unfair, unjust, and deliberately denies his right to enjoy a peaceful life and existence. However, my reason for feeling so strongly about this is due in part to another story that has been in the news recently.

Late last month, the news broke that two Gozitan youths were given the opportunity to expunge their statement regarding accusations of drug trafficking after two politicians intervened. These young men had admitted to charges of drug trafficking and were prepared to accept the consequences of their actions, but for some reason, they were given counsel by senior members of a political party and were allowed to give new statements which maintained their innocence. As a result, they were never prosecuted for their crimes and walked free.

So my question is, why is it that two young men who have admitted to their crimes are helped to get away scot free, yet a man of good standing with no previous record and more evidence to support the fact that he did not do it is imprisoned for almost two years, and remanded on bail for nearly 10? How is this fair? The answer is that it is not fair and that it seems that all too often we hear cases of one rule for them and one rule for everyone else. It is 2017 and there are some serious flaws in the way justice is handled in this country - not only when it comes to foreigners, but when it comes to women and children as well.

As we got to the end of our conversation, I couldn't help but wonder: had he been Maltese, would he have been treated in this way? Or is the institutional racism in this country so ingrained that the establishment would quite happily destroy the life of an innocent man, purely because, in their eyes, the colour of his skin makes him guilty? 

I hope that Mr Onyeabor gets the adequate and fair legal representation he deserves, I hope that the authorities in this country do not continue to let him down, and I hope that he is recompensed for the horrific ordeal he has gone through at the hands of the people that are supposed to be fair, impartial, and honest. Whether he is found guilty or not guilty, nine years is too long.

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