Chukwudi Oyem V. Federal Republic Of Nigeria (2019)

LAWGLOBAL HUB Lead Judgment Report

UWANI MUSA ABBA AJI, J.S.C.

The Appellant was arraigned as 2nd Accused person with one Faith Osama before the Federal High Court, Abuja, by officers of the National Drug Law Enforcement Agency (NDLEA) on a 1 count charge of transporting 103.1 kilograms of Indian Hemp (cannabis sativa) in an army green 307 Peugeot vehicle with fake Ministry of Defence Plate Number without lawful authority contrary to Section 14 (b) of the NDLEA Act, 2004, contained in the Charge dated 30/12/2011 at page 3 of the record as follows:

That you FAITH OSAMA (F) and CHUKWUDI OYEM (M) on or about 30th November 2011 along Abaji-Abuja express Road within the jurisdiction of this honourable Court, knowingly transported 103.1 kilograms of Indian hemp otherwise known as cannabis sativa, a narcotic drug in an Army green 307 Peugeot vehicle with fake ministry of Defence number plate FG 78 A06 without lawful authority and thereby committed an offence contrary to and punishable under Section 14(b) of the NDLEA Act. Cap N30 Laws of the Federation of Nigeria, 2004.

At the trial, 2 witnesses testified (PW1 and PW2) as having received and

1

kept in custody the dried weeds. After the trial in the Federal High Court, the Appellant, in the judgment of the trial Court on 5/3/2012, was convicted and sentenced to 5 years imprisonment without option of fine because of his plea of guilty with the confessional statement. The said judgment was affirmed by the lower Court, hence the instant appeal.

By a Notice of Appeal dated 4/7/2013, the Appellant formulated 4 Grounds of appeal with their particulars for the determination of this appeal as contained at pages 118-121 of the record. In arguing the appeal, the Appellant filed an Appellant’s Brief on 19/7/2013, settled by Aliyu Saiki, Esq, wherein at page 2 of the Brief, he formulated a lone issue for the determination of the appeal thus:

Whether in satisfaction of the legal requirement of proof beyond reasonable doubt, the Respondent was not required to establish by way of cogent and compelling evidence that the dried weeds recovered from the Appellant were actually Indian hemp, in order to sustain the conviction as envisaged by the Law under which he was charged, even in the face of the alleged plea of guilty and purported confessional statement

2

of the Appellant (Grounds one, Two and Three).

On the other hand, the Respondent filed a Brief of Argument on 13/10/2017 settled by Yakubu Maikasuwa’ Esq’ wherein he also formulated at page 5 of the Brief, one issue for the determination of the appeal as follows:

Having regard to the entire circumstances of the case, was the Court of Appeal right when it confirmed the conviction and sentence of the Appellant

On 24/1/2019 when the appeal came up for hearing, the parties adopted their respective Briefs and asked this Honourable Court for judgment in their favour.

Having gone through the records and the evidence therein, this appeal shall be considered on the issue formulated by the learned Counsel to the Appellant.