Balogun V. Frn (2021)

LAWGLOBAL HUB Lead Judgment Report

ADAMU JAURO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Lagos division delivered on the 30th January, 2018 wherein the Court below affirmed the Appellant’s conviction and sentence for the offence of dealing with 200 grammes of Cannabis Sativa (otherwise known as Indian hemp) contrary to and punishable under Section 11 (c) of the National Drug Law Enforcement Agency Act Cap N30 L.F.N 2004.

BRIEF STATEMENT OF FACTS

The brief facts giving rise to this appeal is that the Appellant was arraigned and tried on a one-count charge of dealing in Cannabis Sativa (otherwise known as Marijuana), a narcotic drug contrary to and punishable under Section 11(c) of the National Drug Law Enforcement Agency Act Cap N30 L.F.N 2004. The charge at page 1 of the record of appeal reads thus:

“That you, Tunde Balogun, Male, 22 years old on or about the 15th day of September, 2014 at Guinness Area in Agege Local Government Area of Lagos State within the jurisdiction of this Honourable Court, without lawful authority dealt in 200 grammes of Cannabis Sativa (otherwise known as

1

Marijuana), a narcotic drug similar to Cocaine, Heroin, LSD e.t.c and thereby committed an offence contrary to and punishable under Section 11(c) of the National Drug Law Enforcement Agency Act, Cap N30 Laws of the Federation of Nigeria 2004.

The case of the Respondent as prosecution at trial was that on the 15th day of September, 2014, the Appellant was arrested in Agege area of Lagos State with 200 kilograms of cannabis sativa. That on the same day, the Appellant made an extrajudicial statement in Yoruba language which was interpreted into English language to officers of the NDLEA. The Appellant who was not represented by a legal practitioner pleaded guilty to the sole count and upon the close of trial, the Appellant was convicted and sentenced to 15 years imprisonment by Hon. Justice Ofili-Ajumogobia of the Federal High Court sitting in Lagos State.

​Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court below vide a notice of appeal filed on 13th March, 2017. The Appellant later filed an amended notice of appeal on 16th May, 2017 and same was deemed properly filed and served on 7th December, 2017.

2

Upon hearing the appeal, the Court below in its unanimous decision delivered on the 30th January, 2018 dismissed the appeal and the judgment of the trial Court convicting and sentencing the Appellant to 15 years imprisonment with hard labour was affirmed. (See pages 85 – 118 of the record of appeal).

Miffed by the decision of the Court below, the Appellant invoked the appellate jurisdiction of this Court vide a notice of appeal dated February, 2018 and filed on the same date. (See pages 121 – 125 of the record of appeal).

In line with the Rules and Practice of this Court, parties filed and exchanged their respective briefs of argument. The Appellant’s brief of argument is dated 14th August, 2018 and filed on the same date. The said brief of argument was settled by CHIJIOKE O.P. EMEKA, ESQ. who at paragraph 5.1 of the brief distilled three issues for the determination of the instant appeal to wit:

“1. Whether the Court below was right to have upheld the Appellant’s conviction based on his purported confessional statement which failed to comply with the mandatory provision of Section 17 of the ACJA, 2015?