Augustine Michael V. The Federal Republic Of Nigeria (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment)

The Appellant herein was an accused person charged before the Federal High Court, Sokoto (now the “Lower Court”) upon a charge which reads thus:-

“That you Augustine Michael W 32 years of age, of Paramount Peace Guest House, Zango in Zuru LG.A. of Kebbi State on or about the 10th April, 2006, without lawful authority had in your

possession 6.8 Kilograms of Indian hemp, a Narcotic drug similar to Cocaine and thereby committed an offence contrary to and punishable under section 19 of laws of the Federation NDLEA ACT 2004.”

On the 17th day of May, 2006, the plea of the Appellant was taken and he pleaded guilty to the charge. Thereupon, the prosecuting counsel, Ibrahim Dangana, urged the lower court to convict the Appellant. He then proceeded to tender in evidence –

1. Accused Statement of 10/4/2006
2. Certificate of Test Analysis
3. Packing of Substance Form
4. Request for Scientific aid Form
5. The recovered drug concealed in Ghana Must Go bag weighing 6.8 kilograms

The Appellant was recorded as saying: “No objection” The lower Court then admitted all these in evidence in the terms hereinafter following:-

“Court: Each of the documents together with the recovered substance is admitted in evidence and marked as Exhibit A, B, C, D and E respectively.”

The Appellant was convicted but before sentencing, the prosecuting counsel informed the lower court that the Appellant had at one time been arrested by the NDLEA, Zuru Area Command with small quantity of cannabis and he was counseled and released. He further informed the court that the NDLEA was in receipt of a petition from the State Security Service (SSS) Kebbi Command on the drug activities of the Appellant in Zuru Area, dated 6/4/2006. He sought to tender it in evidence. It was accepted and admitted in evidence by the lower court as Exhibit F.

After admitting the petition in evidence as Exhibit F, the Appellant was recorded thus :-

“I was one time arrested by Area Commander NDLEA Zuru and pleaded with him and I was released and I continued rendering assistance to the Area Commander by repairing their patrol vehicle if it got broken down, and I arranged with the NDLEA Area Commander that if I should continue with selling of Indian hemp in the area I should continue remitting N8,000 Eight Thousand to them every month and since then I continue doing so. This arrangement started early this year 2006, from January to April, 2006. That is all I know with the Area Commander about drugs business. I started the drug business i.e. selling of Indian hemp around April last year 2005.”

It was in these circumstances that the Lower Court sentenced the Appellant to a 15 – year term of imprisonment without option of fine.

The Appellant has now appealed to this Court upon a Notice of Appeal consisting of three grounds of appeal, viz –

GROUNDS OF APPEAL

a. The decision is unreasonable, unwarranted and cannot be supported having regard to the evidence.