Umaru Sunday V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Ilorin division (the Court below or lower court) delivered on 14th February in which the said lower court affirmed the judgment of the Federal High Court Ilorin, Kwara State (“the trial Court” for short) delivered on 5th day of July, 2011

FACTS GIVING RISE TO THE APPEALS

The facts giving rise to the appeal as could be gathered from the record are summarized below.

The appellant was on 6th June, 2011 arrested with 18 kilograms of cannabis sativa (otherwise known and called “Indian Hemp). Upon his arrest on 7th day of June, 2011 he made an extra judicial statement to the officers and men of National Drug Law Enforcement Agency on 7th June, 2011 which said confessional statement was tendered at the trial Court and marked Exhibit A, during his trial. In the said statement (Exhibit A), the thumb prints or thumb impressions of the accused, now appellant were contained in several pages as means of authentication or owning up of the said statement by the appellant. The appellant, as

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accused person, was first arraigned before the trial Court on 30th June, 2011, but hearing in the case could not commence on that day because the accused/appellant had no defence counsel, then hence it was adjourned to 5th July, 2011 to enable him obtain the services of a counsel of his choice to defend him.

On that 5th day of July, 2011, the appellant was formally arraigned before the trial Court on a single count charge of being found in unlawful possession of or dealing in 18kilograms of cannabis sativa (or India Hemp), contrary to and punishable under Section 11C of the NDLEA Act, Cap N30, Laws of Federation of Nigeria 2004. The sole charge which the appellant stood trial on is reproduced below: –

“That you Sunday Umaru, male, Adult, on or about the 5th day of June, 2011 at Bankubo Village Baruteen Local Government Area of Kwara State within the jurisdiction of this Honourable Court, without lawful Authority dealt in 18kilograms of Cannabis Sativa (otherwise known as Indian Hemp) drug similar to Cocaine, Heroin, LSG etc and thereby committed an offence, contrary to and punishable under Section 11C of the National Drug Law Enforcement Agency Act, Cap N30 LFN 2004”.

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For the avoidance of doubt and ease of reference, it will be apt to reproduce what had transpired at the trial Court proceedings on the 5th day of July 2011 when the appellant/accused was formally arraigned at the trial Court as borne out on pages 11 to 12 of the printed record. The proceedings of that day went on as below:-

Court: – charger called

Accused person in dock

I. J Igwubor for prosecution.