Goke Olaolu V. Federal Republic Of Nigeria (2015)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the considered judgment of the Court of Appeal, Lagos Division delivered on the 25th day of January, 2011.

The appellant had been arraigned before the Federal High Court, holden in Lagos, on the 5th day of February, 2008 on a one count charge of unlawfully dealing in 750 grammes of cannabis sativa, otherwise known as Indian hemp 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 (as amended).

Upon arraignment and the charge read, the accused pleaded guilty to the charge. The facts were then stated by the prosecutor and various documents were produced and tendered before the court. These included the followings:-

1. Certificate of laboratory analysis of 19th of March, 2007.
2. Packing of substance Form dated 19th March, 2007.
3. The request for scientific aid dated 19th March, 2007
4. Confessional statement of the accused dated 19th March, 2007.
5. One large brown envelop (sealed) opened in court to reveal transparent evidence production with analysis substance dated 22nd March, 2007.
6. Unanalysed Bulk recovered substance.

See pages 3-9 and 14 of the record.

The documents and substance were admitted and duly marked by the court as Exhibits A, B, C, D, E and F respectively. The prosecutor accordingly urged the court to convict the accused as charged having pleaded guilty.

After admitting the Exhibits, the trial Judge ruled as follows:-

“I have gone through the accused person’s statement and it is not a confessional statement. Accused is not find (sic) faulty in spite of his constitutional plea, his right to a speedy trial having been aborted by several issues and thus; He shall be discharged and let go. Bulk substance shall be destroyed by burning.

Signed

Justice Charles Etanga Archibong

Judge

5th February, 2008.”

Dissatisfied with the above decision led to an appeal by the respondent herein which appeal was allowed by the court below with a consequential order that the case be remitted to the Chief Judge of the Federal High Court, FCT, Abuja for reassignment to another Judge of the court for trial on the merits de novo.

The appellant was aggrieved by the decision of the court below in setting aside the judgment of the trial Federal High Court which had earlier discharged him. For this he filed an appeal to this court to challenge the decision pursuant to the leave of court duly sought and granted on the 5th of October, 2011.