Abubakar Mohammed V. Federal Republic Of Nigeria (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABUBAKAR, J.C.A. (Delivering The Leading Judgment)

The Appellant Abubakar Mohammed was arraigned before the Federal High court Ilorin presided over by A. O. Faji J. on the 18th day of March, 2011.

The charge against the Appellant reads as follows

“That you, ABUBAKAR MOHAMMED, male, adult on or about the 18th day of March 2011, along Jebba/Mokwa express way at Boda Sa’adu in Moro Local Government Area of Kwara State within the jurisdiction of this Honourable court, without lawful authority dealt in 20 kilogrammes of Cannabis Sativa (otherwise known as Indian Hemp) a drug similar to Cocaine, heroin, LSD, etc. 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”.

On the 12th day of April, 2011, Appellants plea was taken when charge was read to him, he pleaded guilty, thereupon the court found him guilty and he was convicted and sentenced to two and half years imprisonment by the court.

The Appellant became aggrieved and filed notice of appeal filed on 23rd October, 2012 following extension of time granted by this court on 15th October, 2012.

Appellant’s grounds of appeal without their particulars are set out below:

Ground I

The learned trial Judge erred in law, when he assumed jurisdiction to try accused person for the offence of illegal possession of Indian hemp, when the Honourable court lacks jurisdiction to try the said offence.

Ground II

The learned trial Judge erred in law by admitting the accused person’s statement in Hausa and English versions in evidence in the absence of oral evidence of the reader and interpreter of the said confessional statement.

The notice of appeal is at pages 27 to 30 of the record of appeal.

The appellant through learned counsel Abiola Olagunju, distilled from Appellant’s grounds the following issues for determination:

1. Whether the learned trial Judge has the jurisdiction to try the Appellant for the offence of unlawful possession of Indian hemp.
2. Whether, the failure of the prosecution to call the recorder and interpreter is fatal to their case.

Arguing issue number one, learned counsel for the Appellant said, jurisdictional issue being an important pivot in adjudication can be raised at any stage, even on appeal, jurisdiction counsel said is what confers right on the court to determine any case. Counsel said, no matter how well proceedings are conducted, such proceedings go to nothing, if they are conducted without jurisdiction. Learned counsel therefore referred us to SHELIM VS. GOBANG (2009) ALL FWLR (Part 496) 1866 at 1877, stating that, a court is only competent when: