Mannir Abdullahi V Federal Republic Of Nigeria (2016)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

his is an appeal against the judgment of the Court of Appeal in appeal No. CA/197c/2011 delivered on the 19th day of June, 2012 dismissing theappeal of appellant against the conviction and sentence of two years imprisonment for dealing in 1,050 kilograms of Indian hemp, aka, cannabis sativa.

On the 11th day of March, 2010 appellant was arraigned before the Federal High Court, Abuja on a single count charge, which reads as follows:-

“CHARGE

That you MANNIR ABDULLAHI (M) on or about the 20th August, 2009 at Nwara Estate Side Lugbe FCT, Abuja within the jurisdiction of this Honourable Court, knowingly dealt in 1,050 kilogram of Indian hemp otherwise known as cannabis sativa a narcotic drug without lawful authority and thereby committed an offence, contrary to and punishable under Section 11Cof the National Drug Law Enforcement Agency Act, Cap N30 Laws of the Federation of Nigeria, 2004.”

On arraignment, and after the above charge was read over to the appellant, to

1

which he said he understood, appellant pleaded guilty thereto. The matter was however, adjourned to the 3rd day of May, 2010 for hearing. There is no record of what took place on 3rd May, 2010, but on 30th June, 2010, the charge was heard de novo when same was again read over to the understanding of appellant who again pleaded guilty to same. The Judge was B. G. Ashigar J. Again, the prosecution asked for a date for review of facts as a result of which the case was adjourned to 8th July, 2010 and appellant remanded in prison custody.

Following some further adjournments as a result of the forensic report not being ready, the review of the facts was eventually conducted on the 23rd day of July, 2010 and the matter adjourned to 2nd August, 2010 for judgment. The Court proceeded to convict appellant for the offence charged and admitted and sentenced him to a term of two years imprisonment without option of fine, with effect from the date of his arrest i.e. 20th August, 2009.

Appellant was dissatisfied with the judgment and appealed against same to the lower Court, which appeal, as stated earlier in this judgment, was dismissed for lack of merit.

2 The instant appeal is therefore, a further appeal by appellant, the issues for the determination of which have been identified by learned Counsel for appellant, DR. J. Y. MUSA, in the appellant brief filed on the 26th day of July, 2012 as follows:-

“i. Whether there was enough admissible evidence before the learned Justices of the Court of Appeal upon which they affirmed the conviction of the appellant. (Ground 1)

ii. Whether the learned Justices of the Court of Appeal were right in holding that Exhibits P1-P7 which were tendered by the prosecution from the bar were properly tendered and admitted (Ground 2 & 4)

iii. Whether the learned Justices of the Court of Appeal were right when they held that the appellant admitted in his confessional statement that he sells Indian hemp as an occupation and that the confession was an admission that he knew what he was charged with and had committed the offence as alleged. (Ground 3).”