Stanley Ossai V. The Federal Republic Of Nigeria (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA J.C.A.: (Delivering the Leading Judgment)

Appellant was charged at the Federal High Court Ilorin, on 24/2/12 as follows:

“That you STANLEY OSSAI, male, Adult 34 years, on about the 6th day of February, 2012 at Oyun area in Ilorin East Local Government Area of Kwara State, within the Jurisdiction of this Honourable Court, without lawful authority dealt in 10 kilogramme of Cannabis Sativa (otherwise known (sic) as Indian hemp) a drug similar to Cocaine Heroin, LSD etc. thereby committing 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.”

On being arraigned on 15/3/2012, he pleaded guilty to the charge and was convicted and sentenced to 2 years imprisonment, starting from 6th February, 2012, by Hon. Justice A.O. Faji who heard the case.

This appeal is against that judgment. Appellant filed his notice and grounds of appeal on 18/5/2012, and raised 2 grounds of appeal, as follows:

“GROUND 1:

The learned trial Judge erred in law to have tried, convicted and sentenced the appellant on a charge premise (sic) on section 11(c) of the National Drug Enforcement Agency Act Cap. 30 Laws of Federation of Nigeria, 2004 when the Appellant did not commit any offence under the said Law.

PARTICULARS OF ERROR

(i) The Appellant was arraigned, tried, convicted and sentenced to two yeas imprisonment under section 11(C) of National Drug Law Enforcement Agency Act, Cap 30, Laws of Federation of Nigeria, 2004.

(ii) The charge against the Appellant was “deal in 10 kilogrammes of Cannabis Sativa (otherwise known as Indian Hemp).”

(iii) National Drugs Law Enforcement Agency Act Cap. 30 LFN 2004 does not apply to dealing in cannabis Sativa (otherwise known as Indian Hemp).

(iv) Dealing in cannabis Sativa (Indian Hemp) is not an offence under Cap. 30 LFN, 2004.

(v) By virtue of (ii) – (iv) above, the arraignment, trial, conviction and sentencing of the Appellant are a nullity.

(vi) The error of the trial court occasioned a miscarriage of justice on the appellant.