Federal Republic Of Nigeria V. Akeem Ogunrombi (2019)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal is against the judgment of the Court of Appeal, Ibadan division (the lower or Court below) delivered on the 10th of December, 2004 which allowed the appeal of the respondent and set aside the conviction and sentence of the respondent by the Federal High Court, Abeokuta (“the trial Court”) vide the latter’s judgment delivered on 27th June, 2012. The respondent herein as an accused person, was arraigned before the trial Court on a charge which is set out below:-

“That you AKEEM OGUNROMBI (M) on or about the 12th day of October, 2010 at lyesi Street, Osi Ota Sanyo Ota, Ogun State, within the jurisdiction of the Honourable Court without lawful authority dealt in 100 grammes of Indian Hemp otherwise known as cannabis sativa, a narcotic drug similar to cocaine, Heroin, and LSD and you thereby committed an offence contrary to and punishable Section 11C of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation 2004”.

When arraigned before the trial Court on 23rd of May, 2012 and as borne out from page 4 of the printed record of proceedings, it was

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shown that the charge was read to the accused person now respondent and the trial Court recorded that he pleaded guilty of consuming the drug and not dealing with it. On that backdrop the prosecuting counsel one Mrs. O.A. Ogar applied to amend the charge but the trial Court quickly jumped and ruled that no charge would be amended and thereupon ordered the prosecuting counsel to review his case and ordered that he should proceed with the case. The learned prosecution counsel thereupon called his two witnesses and tendered some exhibits. Upon concluding with his two witnesses the trial Court made some observations and comments on the charge and the evidence adduced by the prosecution in proof of the charge and it ultimately ask the accused to present his allocutus remarks before the learned trial judge finally convicted the respondent and sentenced him to 15 years imprisonment.

Piqued by the judgment of trial Court, the respondent appealed to the lower Court, which allowed his appeal and set aside the conviction and sentence passed on the respondent by the trial Court, apparently due to, inter alia, the failure of the trial Court to provide an interpreter

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throughout the proceedings. It is worthy of note that throughout the proceedings the respondent was not represented by counsel.

Miffed by the decision of the lower Court in discharging and acquitting the respondent, the appellant has now appealed to this Court vide a notice of appeal dated 10th August, 2016 containing two grounds of appeal.

Parties filed and exchanged briefs of argument in keeping with the rule and practice of this Court. The appellant filed an Amended Appellants Brief of argument on 7th March, 2018 which was deemed filed on 18th October, 2018 and which said Amended Appellant’s brief was settled by one Segun Ololade. In the said Amended Appellant’s brief the appellant raised a lone issue for determination which he couched as below: –

“Whether the learned Justices of the Court of Appeal erred in law when they held that the arraignment of the respondent fell far below the position of the law.”

On his part, the learned counsel for the respondent filed his brief on 5th May, 2017 which was also deemed filed on 18/10/18 and was settled by Mrs. L. Omolola Ikwuegu Ayodele Adeyemo. She also decoded a lone issue for determination

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