Federal Republic Of Nigeria V. Adebayo Segun (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I.M.M. SAULAWA, J.C.A. (Delivering the Leading Judgment)

The genesis of the present appeal is traceable to February 5, 2008. That was the very day the Respondent had the misfortune of being arraigned before the Federal High court, Lagos Judicial Division, upon a one count charge under section 10(c) of the National Drug Law Enforcement Agency Act, cap. 253. Laws of the Federation of Nigeria, 1990. However, notwithstanding the Respondent’s plea of guilty, the court below corum the Hon. Justice Charles Efanga Archibong, cautioned and discharged the Respondent on the ground that, his right to speedy trial has already been violated by several instances”.

Not unnaturally, the Appellant was dissatisfied with that decision. Thus resulting in filing the notice of appeal thereof on February 25, 2008, this was predicated upon a total of four grounds of appeal.

The single count charge, upon which the Respondent was arraigned before the trial court, could be found at page 2 of the record of appeal. For ease of reference, I have deemed it rather expedient to reproduce herein below the charge in question:

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

CHARGE NO:………..

BETWEEN

THE FEDERAL REPUBLIC OF NIGERIA…COMPLAINANT

AND

ADEBAYO SEGUN…ACCUSED

CHARGE

That you Adebayo Segun Male on or about the 18th day of May, 2OO7 along ljebu-Ode Itokin Express way without lawful authority dealt in 800 grammes of indian hemp otherwise known as Cannabis Sativa, a drug similar to Cocaine, Heroin, LSD and you thereby committed an offence contrary to and punishable under section 10(c) of the National Drug Law Enforcement Agency Act, Cap 253, Laws of the Federation of Nigeria 1990.