Danjuma Rabe V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The Appellant was arrested on 21st March, 2012 for being in possession of dried weeds suspected to be Indian Hemp (Cannabis Sativa). The weeds weighed 4.4 kg in total. After preliminary investigations and laboratory analysis of the substance, which established the weeds to be Indian Hemp (Cannabis Sativa), the Appellant was arraigned before the Federal High Court, Ilorin on a count charge alleging that he, “without lawful authority trafficked in 4.4 kilogrammes of cannabis sativa (otherwise known as Indian Hemp) a drug similar to cocaine, Heroin, LSD, etc. (and) there committing an offence contrary to, and punishable under Section 11 (b) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004.”

The charge, together with the Proof of Evidence containing his two extra-judicial statements, all recorded as having been made by the Appellant himself on 21st March, 2017 voluntarily, were served on him prior to his arraignment at the trial Court on 22nd May, 2012. The proof of Evidence at page

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2 thereof has the following notices given to the Appellant: -IN ACCORDANCE WITH SECTION 36(6)(b) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AND SECTION 43 OF THE EVIDENCE ACT CAP E45, LAWS OF THE FEDERATION OF NIGERIA 2004″. That is:

1.00 TAKE NOTICE that the prosecution will at the trial of this case tender the following as exhibits

1.01 4.4 Kilogrammes of Cannabis Sativa otherwise known as Indian Hemp recovered and seized from the accused person

1.02 Certificate of Test Analysis

1.03 Packing of Substance Form

1.04 Request for Scientific Aid Form

1.05 Confessional statements of the accused person under caution in Hausa and the translation into English Language

1.06 Drug Analysis Report

1.07 Brown Envelope

2.00 TAKE NOTICE that the prosecution in proof of its case shall call the following as witnesses