Faith Iweka V. Federal Republic Of Nigeria (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

DALHATU ADAMU, (OFR), J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice B. B. Aliyu of the Federal High Court, Ilorin delivered on 10th day of February, 2009. In the judgment, the appellant was sentenced to 5 years imprisonment – see the judgment at page 108 – 126 of the record. Dissatisfied with the judgment of the lower court, the appellant appealed against it in this court (see the notice of appeal filed by the appellant at pages 127 – 128 of the record). The brief facts of the case as narrated in the appellant’s brief of arguments is that the respondent on receipt of information against the appellant that she was dealing with Indian Hemp in her house at the Gaa Imam area of Ilorin mounted a surveillance in the area but they were later informed that the Indian Hemp (about 296.1 grams) had been moved by the appellant to Kankatu area in the House of one Monday Iweka – a step son to the appellant. When the appellant’s house at Gaa Imam was searched nothing incriminating was found but when the house of Monday Iweka was searched at Kankatu area 206.1 Kilograms of cannabis sativa was found by the officers of the respondent. The appellant had denied knowing anyone called Monday Iweka, yet the trial Court went ahead and convicted her of the offence in respect of the cannabis sativa found in the house of the said Monday Iweka who was not called as a witness in the case.

In her notice of appeal, the appellant filed the following two grounds of appeal:-

“3. GROUNDS OF APPEAL

(1) The judgment of the learned trial judge is unreasonable unwarranted and cannot be supported having regard to the weight of evidence.

PARTICULARS OF ERROR

(i) The refusal of the prosecution to call one Monday Iweka was fatal to its case as his evidence was material to the conviction of the appellant.

(ii) The 4 prosecution witnesses could not testify as to the where about of Monday Iweka.

(ii) All evidence adduced by the prosecution without calling Monday Iweka is hearsay which cannot sustain a conviction.

(2) The Court misdirected itself and at the same time approbating and reprobating when it held that:

“The calling of Monday is not an absolute necessity in view of the confessional statement.

The prosecution is not bound to call every witness in the case, all that is required is the testimony of witnesses which (sic) are necessary to prove its case beyond reasonable doubt….”.

PARTICULARS OF ERROR

(i) The said Monday Iweka in whose custody the alleged Indian Hemp was found was not called as a witness.