Federal Republic Of Nigeria V. Joseph Daniel (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I.M.M SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Federal High Court, Lagos Judicial Division, holden at Lagos, which was delivered by the Hon. Justice Charles Efanga Archibong, on May 14, 2008.

It is discernible from the record of appeal that the Respondent was arraigned before the court below upon a one count charge viz:

That you JOSEPH DANIEL male, on or about the 4th day of December, 2007 of No. 27 Otun Street Waterside Kirikiri Lagos without lawful authority dealt in 2.6 Kilogrammes of Indian hemp otherwise known as Cannabis Sativa a drug similar to Cocaine, Heroin, LSD and you there by committed an offence contrary to and punishable under section 10(C) of the National Drug Law Enforcement Agency Act Cap 253 Law of the Federation of Nigeria 1990.

DATED THIS 1ST DAY APRIL, 2008.

AJAGU F.N. (MRS.) Prosecuting for: Attorney General of the Federation.

On the said May 14, 2008, when the Respondent was arraigned before the court below, he was recorded to have pleaded guilty to the charge read thereto. The prosecuting counsel, Mrs. F.N. Ajayi then proceeded to review the facts of the case and tender certain items, to wit:

a. Packing of substance of Ford 4th December, 2007

b. Certification of test analysis from dated 4th December, 2007.

c. Request for Scientific analysis for 4th December, 2007.

d. Drugs analysis report dated 25th April, 2008.

e. Statement of the accused dated 4th December, 2008.

f. Brown Envelope (sealed) opened to reveal a transparent evidence power containing sample analyzed.

g. Recovered substance.