Chinwedu Ugochukwu V. Federal Republic of Nigeria (2016)

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BIOBELE ABRAHAM GEORGEWILL, J.C.A.

This is an appeal against the judgment of the Federal High Court Yola Division in Charge No: FHC/YL/113C/2013: Federal Republic of Nigeria V. Chinwedu Ugochukwu delivered on 29/10/2015, in which the Appellant as Accused person was convicted on a three count charge for knowingly being in possession without lawful authority of drugs similar to Cocaine, Heroine and LSD contrary to Section 19 of the National Drug Laws Enforcement Agency Act CAP N30, Laws of the Federation of Nigeria 2004 and sentenced to ten years on each counts to run concurrently.

The Appellant was thoroughly dissatisfied with the said judgment and had promptly appealed to this Court against the said judgment vide a Notice of Appeal filed on 23/11/2015 on four grounds of appeal. The Record of Appeal was duly transmitted to this Court on 3/12/2015. The Appellant?s brief was duly filed on 21/12/2015. The Respondent?s brief was duly filed on 29/2/2016. The Appellant?s reply brief was filed on 14/4/2016 but deemed properly filed on 16/5/2016.

At the hearing of this appeal on

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16/5/2016, M. P. Atsev Esq., who held the brief of Sule J. Abul Esq., learned counsel for the Appellant, adopted the Appellant?s brief and Appellant?s reply brief as their argument in support of the appeal and urged the Court to allow the appeal, set aside the judgment of the Court below and discharge and acquit the Appellant of the three counts charge as alleged against him by the Respondent. On his part, B. S. Abdullahi Esq, learned counsel for the Respondent adopted the Respondent?s brief as their argument in opposition to the appeal and urged the Court to dismiss the appeal for lacking in merit and to affirm the conviction and sentence of the Appellant by the Court below.

The facts of this appeal are rather very straight forward. On 14/10/2013 at Bauchi Street, Jimeta ? Yola, Adamawa State the Appellant was arrested by officers and men of the NDLEA, Adamawa State Command, Yola for being in possession in his packing shop of substances suspected to be drugs similar to Cocaine, Heroine and LSD contrary to Section 19 of the NDLEA Act 2004. He was promptly taken into detention and subsequently charged before the Court before vide a

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three counts charged filed on 23/10/2013. The Appellant was formally arraigned before the Court below on 25/10/2013 where he pleaded guilty to the three counts charge against him. However, on the resumed date for continuation of hearing of the PW1 to tender relevant exhibits, the Appellant changed his plea to that of being ?not guilty? to the three counts charge against him. The case then proceeded to full trial.

The Respondent as the Prosecution called five witnesses who testified as PW1( Ali Baba Alhaji); PW2 ( Emmanuel Christopher); PW3 ( Ibrahim Hassan); PW4 ( Bongo Ibrahim Ladini and PW5 (Ogodo Howard) and tendered several documents and items in evidence admitted as Exhibits P1, P2 ? P7, PW2A, PW2B, PW2C1 ? PW2C3 and PW4A. The Appellant testified in his defence as DW1 and tendered in evidence an identity card admitted as Exhibit DW1A. At the close of the case of the respective parties, written addresses were ordered to be filed by the Court below on 13/5/2015 and on 2/6/2015, the written addresses were duly adopted and the matter was adjourned to 2/7/2015 for judgment. However, the judgment was not delivered on 2/7/2015 but

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was eventually delivered on 29/10/2015 and the Appellant was convicted and sentenced by the Court below on all the three counts as charged by the Respondent.

My lords, since in an appeal of this nature challenging the conviction and sentence of the Appellant, the three counts as laid against him by the Respondent before the Court below, is the focal point for consideration in the light of the totality of the evidence as in the record of appeal as touching the proof of the essential elements or ingredients of the alleged offences beyond reasonable doubt to secure the conviction of the Appellant, I deem it pertinent to set out the three counts charged as laid against the Appellant before the Court below, thus:

COUNT 1: