Emma Amanchukwu V. The Federal Republic of Nigeria (2006)

LawGlobal-Hub Lead Judgment Report

UDOM-AZOGU, J.C.A.

This is an appeal against the judgment and sentence of R. N. Donli J. delivered on 4th October, 1990 at the Miscellaneous Offences Tribunal sitting in Kano. The charge is reproduced hereunder:

“The Attorney-General of the Federation hereby charge you Emma Amanchukwu as follows:

That you Emma Amanchukwu on or about the 6th day of August, 1990 at Mallam Aminu Kano International Airport, Kano during the inward clearance of flight KL 585 imported 600 grammes of heroine by concealing same in his body without lawful authority and thereby committed offence contrary to and punishable under section 10(a) of the National Drug Law Enforcement Agency Decree No. 48 of 1989.”

Records show that on the 4th day of October, the accused was in court and opted to speak English. The Prosecution Counsel M. A. Dunion with A. O. Oduguwa were in court too. On the issue of counsel for the accused the following transpired between the accused and the tribunal.

“Tribunal: The accused has a right to engage counsel of his choice.

Accused: I understand. I have no lawyer and no money to engage one.”

The Court notes continue,

“Tribunal: Charge read and explained to the accused in all material particular details and effects. Section 10 of National Drug Law Enforcement Agency Decree No. 48 of 1989 read and explained.

Tribunal: Do you understand the charge and all its particular details and effects?

Accused: I understand the charge.

Tribunal: Are you guilty or not guilty.

Accused: I am guilty.”

Prosecution: We have received forensic report in this case and admitted same-in the proof of evidence. I intend to call a witness to tender the report.