Ifeanyi Chiyenum Blessing V. Federal Republic Of Nigeria (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Federal High Court, in charge No FHC/IL/16c/2011, delivered by Hon. Justice A. O. Faji on 10th February 2012, in which the Appellant was convicted and sentenced to 15 years imprisonment on 20/2/2012.

Appellant was charged for unlawfully dealing in 2.4 kilogrammes of cannabis sativa and 15.3 kilograms of cocaine, heroin, LSD etc contrary to and punishable under sections 11 (c) and 19, respectively, of the National Drug Law Enforcement Agency Act, cap N30, Laws of the Federal Republic of Nigeria, 2004. She had pleaded NOT GUILTY to the charge. The prosecution called 4 witnesses and tendered 10 exhibits to prove the charge, while the Appellants testified in person and called evidence in denial.

The lower court had found as follows, in its judgment.

“I must therefore hold that the prosecution has shown beyond reasonable doubt that the substance in Exhibit 7 was indeed cannabis sativa, also known as Indian hemp. I also agree that onus of showing lawful authority lies on the accused person as it is a fact within her knowledge…I therefore find and hold, based on the accused person’s confessional statement and the evidence of the prosecution witnesses, that the prosecution has proved at the elements of count two, beyond reasonable doubt, I am also of the firm view that standing alone, the confessional statement (Exhibit 8) is sufficient proof of the guilt of the accused person as regards possession, arrest with the drug and lack of lawful authority.

The proof of the character of the drug to be Indian hemp has also been supplied by the certificate of test analysis and the drug analysis report which were tendered and admitted without objection and which the defence did not challenge by way of cross-examination or any other manner, whatsoever. I therefore convict the accused person on count 2, as charged…The accused person’s discharged and acquitted on counts I and 3” (See page 187 of the Record of Appeal)

This appeal was filed against that conviction and sentence. Appellant had filed her Notice and grounds of Appeal on 29/3/2012, raising 7 grounds of appeal. Part of the judgment decision appealed against is “the decision to the effect that the Appellant is guilty of being in possession of 2.4 kilogrammes if (sic) Indian hemp without lawful authority”

The grounds of appeal are on Pages 193 to 198 of the Record of Appeal.

Appellant filed her Brief of argument on 7/6/2012, within time, and served same on the Respondent, who replied with a Respondent’s Brief on 9/7/2012, also within time. On being served with the Respondent’s Brief, the Appellant filed a Reply Brief on 23/7/2012. Appellant distilled four (4) Issues for determination, as follows:

(1) Whether the learned trial judge followed the procedure for arraigning and/or taking the plea of the Appellant as required by law and well settled judicial authorities and in line with the Appellant’s constitutional right to fair hearing/trial under section 36(1) of the 1999 Constitution Nigeria.

(2) Whether the learned trial judge was right to have admitted and subsequently relied on Exhibit 4 (drug analysis report dated 18/03/2011), being an exhibit tendered through PW1 (Ahmed A. Suleiman), who was neither the maker nor could be cross-examined on the said exhibit, in convicting and subsequently sentencing the Appellant.

(3) Whether the learned trial judge was right to have admitted subsequently relied on and thereafter convicted the Appellant based on Exhibit 8 (the Appellants’ confessional statement).

(4) Whether the Respondent proved its case beyond reasonable doubt against the Appellant as required by law, to justify her conviction and subsequent sentencing by the lower court.”

Appellant related Issue 1 to ground 1; Issue 2 to ground 2; Issue 3 to grounds 4 and 5 and Issue 4 to ground 3, 6 and 7.