Yahaya Umar V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice Evelyn Anyadike of the Federal High Court (the lower Court) delivered on the 10th of July, 2014, wherein, Yahaya Umar (the appellant) was found guilty, convicted and sentenced to 2 years imprisonment for committing an offence under Section 11(c) of the National Drug Law Enforcement Agency (NDLEA) Law, 2004. The facts of the case or the events culminating to the arrest, trial and conviction of the appellant are simple and straight-forward.

On or about 23rd of July, 2013 officers of the NDLEA, acting on an information went to the house of the appellant and searched therein. They discovered some substances wrapped in bundles in his bedroom and others in sacks in a store. He was arrested and taken to NDLEA office in Zaria. The substances were examined and analised in his presence and found to be Cannabis Sativa (commonly called Indian Hemp). The appellant was later arraigned before the lower Court on a one count charge which was later amended. The prosecution called 4 witnesses and tendered exhibits in proving the case

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against the appellant. The appellant gave evidence in his defence. On the 10th of July, 2014, the learned trial judge of the lower Court delivered judgment convicting the appellant as charged. Dissatisfied with the judgment, he filed a Notice of Appeal to this Court on the 14th of July, 2014.

The appellant filed his brief of argument on the 25th of July, 2014, wherein a lone issue has been distilled from the grounds of appeal for determination in the appeal. The Respondent’s brief of argument was deemed filed on the 1st of July, 2015, wherein the lone issue for determination in the appellant’s brief of argument was adopted. The appeal was heard by this Court on the 24th of November, 2015. Nnamonso Ekanem, Esq. of learned counsel to the appellant, adopted the brief of argument and urged the Court to allow the appeal, set aside the judgment of the lower Court, discharge and acquit the appellant. T. J. Atserhegh, Esq. adopted the respondent’s brief of argument, urged the Court to dismiss appeal and affirm the judgment of the lower Court.

?The lone issue for determination in the appeal as formulated by the appellant and adopted by the respondent is

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thus:

”WHETHER THE EVIDENCE ADDUCED AT THE LOWER COURT ESTABLISHED THE GUILT OF THE APPELLANT BEYOND REASONABLE DOUBT?.

After a dispassionate evaluation of the totality of the evidence adduced before the lower Court the learned trial judge found and held as follows on pages 59-60 of the printed record of appeal:

“The prosecution’s case is that the Accused person’s house was raided based on intelligence report and dried weeds recovered from his room and store in this presence, his wife and children. The accused accepted ownership. The dried weeds tested positive to cannabis sativa and weighed 6.350kg.

Facts stated in Exhibit ‘A” which is part of the case of the prosecution corroborates the statement of the prosecution witnesses as produced above.

Secondly, the evidence by the PW2 and PW3 that the exhibit were recovered in the presence of accused his wife and children and that the accused person accepted ownership there and then was not challenged during cross-examination of the two (2) witnesses and therefore accepted as the truth. See Obi v. Uzor (1991) 9 NWLR (Pt.213) 94; Ado v. Eldestein (2002) NWLR (Pt.747)50. This admission by the accused erases any other probability that