Chukwudi Ugwanyi V. Federal Republic Of Nigeria (2012)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

The appellant was charged and arraigned on a one count charge which reads:

“That you Chukwudi Ugwanyi (M) 50 years of age, of No. 4 Arowojobe street Onigbongbo Maryland, Lagos on or about the 17th November 2000 at Bodinga along Sokoto-Yauri Road, Sokoto within the jurisdiction of this Honourable Court, and without lawful authority had in your possession 26 kilograms of Indian Hemp otherwise known as cannabis sativa, a narcotic Drug similar to cocaine and Heroine and thereby committed an offence contrary to and punishable under section 10H of the National Drug Law Enforcement Agency (Amendment) Act No.15 of 1992.

Hobon, J of the Federal High Court Sokoto Division presided. The appellant entered a not guilty plea. Two witnesses testified for the prosecution. Both of them are officers from the National Drug law Enforcement Agency; (NDLEA). The prosecution tendered in court the following items, which were admitted as Exhibits:

A. Certificate of Testing analysis

B. Packing of substance Forms

C. Request for scientific aid

D1-D12. Twelve wrapped Sellotaped bundles recovered from the appellant.

E. Drug analysis Report dated 4/1/2005

E2. Transparent evidence pounch with substances feature and descriptions of the accused and the case. (ie what exhibit E contained)

F1-3 Certificate of conviction in Niger Republic together with attachments.

Evidence was led by the prosecution witnesses to show how the appellant was arrested with 26 Kilograms of Indian Hemp. At the close of the prosecutions case the appellant gave evidence as DW 1. He did not call any witness or tender any document.

In a judgment delivered on the 21st day, of June 2005 the learned trial judge concluded as follows:

“…Consequently the prosecution has proved the case of possession of Indian hemp beyond reasonable doubt against the accused person and the accused person failed to rebut and bring himself within the defences of exceptions allowed under the law creating the offence. I therefore accept the evidence of the prosecution and hereby find the accused person guilty for the offence charged….”