Adedeji Adesanya V. Federal Republic Of Nigeria (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Honourable Justice Okon Abang of the Federal High Court Lagos delivered on the 7th day of December 2009. The Appellant was sentenced to life imprisonment. Being aggrieved the Appellant has appealed. The facts which led to this appeal are as follows:

The Appellant was charged as follows on a one court charge as follows:

“That you Adedeji Adesanya ‘Male’ Adult, Nigerian, on or about the 30th day of July 2009, at Gbaji, NDLEA checking point along Badagry – Seme Expressway without lawful authority imported 2kg of Indian hemp, a Drug similar to Cocaine, Heroin, LSD, thereby committing an offence contrary to and punishable under section 11 (a) of the NDLEA Act, CAP N30, LFN, 2004.”

The case had been called on the 2nd, 5th, 9th and 16th of November 2009 but on all these dates, the Respondent did not produce the Appellant from its custody and apart from 2nd November 2009; the accused was represented by counsel, one Olusegun Akanbi Esq. The Respondent was also not represented on the 2nd November 2009. The Respondent sought for adjournments for the 5th, 9th and 16th November 2009 for sundry reasons. The counsel to the Appellant raised objections with respect to the applications for adjournments for the 5th and 9th of November 2009.

On the 1st December 2009, the Appellant was produced in court but was unrepresented. The Appellant told the trial judge that he was still expecting his counsel. The court did not make any comment in respect but granted the respondent’s application to read the charge to the Appellant. It was recorded that the Appellant did not object to the reading of the charge. The charge was read over to the Appellant by court Registrar Mrs. S. O. Ogundele in English Language. The Appellant said he understood the charge and pleaded guilty to same. Consequently, the trial court adjourned the case to the 3rd of December 2009 and subsequently to the 7th December 2009 for the review of the facts of the case.

On the 7th December 2009, the Respondent presented the facts of the case, the trial court found the Appellant guilty, convicted and sentenced him to imprisonment for life.

From the notice and grounds of appeal, the Appellant’s counsel in the brief settled by Mrs. Ngozi Ekwensi filed on 27th June 2011 identified four issues for determination. They are set out below:

(i) Whether the trial court complied with the mandatory provisions of section 215 of the Criminal Procedure Act, Cap C41, LFN, 2004 and section 36 (6) (a) of the Constitution of Federal Republic of Nigeria, 1999.

(ii) Whether from the peculiar circumstances(s) of this case, the Appellant was given a fair trial in line with section 36 (6) (b) of the Constitution of the Federal Republic of Nigeria, 1999 by the trial court.

(iii) Whether the trial court complied with the mandatory provision of section 218 of the Criminal Procedure Act C41, LFN, 2004.

(iv) Whether from the entire circumstance of this case, the sentence of life imprisonment imposed on the Appellant was excessive.

The Respondent’s counsel Mr. Chuka Francis Egbu in the brief settled by him filed on 6th December 2011 wherein he identified three similar issues for determination set out below:

(A) Whether from the entire circumstances of the instant case the trial court was not right when it