Femi Bayo V. Federal Republic of Nigeria (2007)

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ABDU ABOKI, J.C.A.

This Appeal is against the decision of B.F.M. Nyako J, of the Federal High Court Abuja, Abuja Division delivered on 20/4/04.

The Appellant Femi Bayo was on the 5th March, 2004 charged along with one Shola Sunday. The Charge reads as follows:

“That you Shola Sunday and Femi Bayo, adult Male on or about the 13th day of October, 2003 at No. 32, Kano Road, Kabba, Kogi State, within the jurisdiction of this Honourable, Court without lawful authority dealt in 131.4 Kilogrammes of Indian hemp and thereby committed all offence contrary to and punishable under Section 10(c) of the National Drug Law, Enforcement Agency Act, Cap 253, Laws of the Federation of Nigeria, 1990.”

When this charge was read to the accused persons and explained to them in Yoruba, they pleaded guilty to the charge and were accordingly convicted. The accused persons pleaded for mercy and were sentenced to 12 months imprisonment.

In passing his sentence the learned trial Judge said:

“In the light of the plea of guilty entered by the accused persons, the exhibits tendered including the confessional statement of the accused persons and the recovered Indian Hemp, I find the 2 accused persons guilty as charged and by virtue of Section 10(c) of the Nigerian Drug Law Enforcement Agency Act convict them to a term of 12 months imprisonment from the date of arrest and the recovered Indian Hemp to he destroyed by the Nigerian Drug Law Enforcement Agency at the Expiration of the Appeal period.”

It is against this Judgment that the 2nd Accused Femi Bayo who is now the Appellant appealed to this Court, based on two grounds of Appeal.

The Appellant formulated two issues for determination in this Appeal, thus:

“1. Whether the learned trial Judge ought to have convicted the Appellant on his own plea.

2. Whether the Respondent discharged the burden placed on it by Law to prove the guilt of the Appellant notwithstanding the plea of guilt by the Appellant.”

Counsel to the Respondent conceded that the issues as formulated by the Appellant are capable of disposing the Appeal.

On the first issue for determination of this appeal, Counsel to the Appellant submitted that the learned trial Judge ought not to have convicted the Appellant on his own plea of guilt. He argued that the interpreter of the charge from English to Yoruba has no real identity as Mrs. Ojo was not identified as being a Court Staff or Prosecution’s own staff.

Learned Counsel further submitted that from the record there is nothing to show that the said Mrs. Ojo was sworn as required by law before interpreting the charge from English to Yoruba. Learned Counsel contended that the provisions of Section 218 of the Criminal Procedure Act (C.P.A.) Cap 80 Laws of the Federation of Nigeria 1990 was not complied with, He argued that since Mrs. Ojo was not a sworn Interpreter it cannot be said that:

(a) the Court was satisfied that the Appellant intended to admit the truth of all the essentials of the offence of which he pleaded guilty,