Francis Nkie V Federal Rebublic Of Nigeria (2014)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.C.A.

On the 22nd August, 2008, at Zaakpim Road Junction in Khana Local Government Area of Rivers State, operatives of the National Drug Law Enforcement Agency (NDLEA) arrested the Appellant for being in unlawful possession of substances suspected to be cocaine weighing 0.4 grams.

On 25th August, 2008, the Appellant made a statement to National Drug Law Enforcement Agency (NDLEA) officials wherein he confessed and admitted commission of the offence. At the end of investigation the Appellant was arraigned before a Federal High Court, sitting in Port Harcourt in a one count charge which states:

“That you FRANCIS NKIE, male, adult on or about the 22nd day of August, 2008 at Zaakpim Road Junction, Khana Local Government Area Rivers State within the jurisdiction of this Honourable Court without lawful authority did knowingly possessed (sic) 0.4 grammes of cocaine, a narcotic drug and thereby committed an offence punishable under section 19 of the National Drug Law Enforcement Agency Act Cap. N30 Laws of the Federation of Nigeria 2004.”

Upon arraignment, the Appellant pleaded guilty to the allegation of criminal breach made against him as contained in the charge sheet reproduced above. The prosecution thereupon urged the court to convict the Appellant after restating the facts constituting the offence and tendering exhibits pertaining to the crime which were admitted in evidence as Exhibits A – F thus:

Exhibit A – the alleged cocaine

Exhibit B – the certificate of test analysis

Exhibit C – packing of substance Form

Exhibit D – Request for Scientific Aid/Analysis Form

Exhibit E – Receipt

Exhibit F – Appellant’s Statement.

Consequent upon the above facts, the learned trial judge convicted the Appellant and sentenced him to 18 months imprisonment.

Dissatisfied with his conviction by the learned trial judge, the Appellant appealed to the Court of Appeal, Port Harcourt Division. The Court of Appeal affirmed the conviction of the Appellant and dismissed the appeal. Further aggrieved, the Appellant has appealed to this court. The Notice of Appeal, as can be found on page 82 of the record of appeal has five grounds of appeal out of which the Appellant has decoded a lone issue for the determination of this appeal.

On the 13th of February, 2014 when this appeal was heard, both Counsel for the Appellant, Tuduru Ede Esq., and that of the Respondent, Femi A. Oloruntoba, Esq., (Director, Prosecution & Legal Services, NDLEA) adopted and relied on their respective briefs. The sole issue distilled by the Appellant states: