Henry Odeh Vs Federal Republic Of Nigeria (2008)

LAWGLOBAL HUB Lead Judgment Report

MUSDAPHER, J.S.C.

The appellant herein and some policemen were arraigned before the Lagos Zone of the Miscellaneous Offences Tribunal. The appellant was charged with the following offences:-

Count One

“That you HENRY ODEH on or about the 24th day of March, 1995 at Imaba Compound, Igando, Lagos, dealt in to wit offering for sale 290.15 kg of Indian Hemp [Cannabis sativa] a drug similar to heroin cocaine or (LSD) without lawful authority and thereby committed an offence contrary to and punishable under section 10(H) National Drug Law Enforcement Agency Decree No. 48 of 1989.”

Count Two

“That you, HENRY ODEH, on or about the 24th day of March, 1995, at No. 24 Imaba Compound Igando, Lagos knowingly had in your possession 290. I5 kg of Indian Hemp [Cannabis sativa] a drug similar to Cocaine, Heroin [LSD] without lawful authority and thereby committed an offence contrary to and punishable under section 10(H) of the National Drug Law Enforcement Agency Decree No 15 of 1992.”

The 2nd to the 6th accused that stood trial with the appellant were jointly charged in the 3rd count with aiding the appellant to “deal” 290.15 kg of Indian Hemp [cannabis sativa] contrary to section 10(c) of the National Drug Law Enforcement Agency Act aforesaid and punishable under section 10 (d) of the same Act. There was also a fourth charge against the 2nd-6th accused” persons. At the trial the prosecution called five witnesses in all and the appellant and the other accused persons gave evidence but called no other witness. The second count against the appellant was withdrawn upon an application requesting the withdrawal of the charge by the prosecution on the 30th day of April 1998. The trial tribunal found the appellant guilty on count one and sentenced him to 10 years imprisonment. The appellant being dissatisfied with his conviction appealed to the Court of Appeal, Ibadan, which set aside the conviction and sentence of the appellant in count one of the charge but however convicted the appellant on a different offence of being in unlawful possession of the 290.15 kg of Indian Hemp under section 10 (d) of the NDLEA Act, which the Court of Appeal found proved. This led to the enhancement of the punishment of the appellant from 10 years to 15 years as provided by section 10(H) of the NDLEA Act of 1992. It is against that decision that the appellant has appealed to this court. The Notice of Appeal contains three grounds of appeal which read thus:-

“Ground One”

“1. The Honourable Court of Appeal erred in law in holding that exhibit 7 was a confessional statement and thereby convicted the appellant for possession of 290:1 5 kg Indian Hemp [cannabis sativa] and thereby occasioning a miscarriage of justice.

Particulars of Error:

(a) The appellant had explained the circumstance, under which exhibit 7 was obtained and yet the court attached so weight to exhibit 7 even in the absence of other corroborative evidence

(b) Exhibit 7 was not a confessional statement as to the commission of the offence for which the appellant was charged and in view of section 27 (c) of the Evidence Act cap 112 Laws of the Federation 1990, the learned justices of the Court of Appeal ought to have discountenanced or disregarded it.

(c) Exhibit 7 is in respect of previous arrest of the appellant by some unnamed police officers and does not relate to the charge preferred against the appellant.

(d) Exhibit 7 was not consistent with other facts that were proved in the course of the proceedings.