John Timothy V. Federal Republic of Nigeria (2007)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J.C.A

In the Federal High Court, holden at Abuja, the Appellant was charged on one-count information as follows:

“That you JOHN TIMOTHY (male) on or about the 20th of November, 2003 at the Nnamdi Azikiwe International Airport, during the in ward clearance of KLM flight No. KL 577 from Amsterdam imported 1.5 kilogrammes of cocaine a narcotic drug, without lawful authority and thereby committed an offence contrary to and punishable under Section 10 (a) of the National Drug Law Enforcement Agency Cap 253 laws of the Federation 1990.”

The facts of this case are that, the Appellant was arraigned on the above stated charge of unlawful importation of cocaine. He initially pleaded not guilty to the charge which was read to him after admitting that he understood same. In the course of trial and after the prosecution had called one witness, at the prompting of the defence counsel, the Appellant indicated his intention to change his plea. The learned trial Judge therefore directed that his plea be taken afresh. The charge was then read to him again and he pleaded guilty to the charge. Some exhibits were tendered by the prosecution both before and after the fresh plea. Based on his plea of guilty and the exhibits in evidence, the Appellant was convicted as charged and sentenced to four years imprisonment by the trial court on 13/1/05.

The Appellant dissatisfied with the judgment of the trial court filed this appeal.

On 15/2/05, the Appellant filed a Notice of Appeal containing one ground. Both the Appellant and the Respondent filed and exchanged their briefs of argument as required by the provisions of the rules of this court.

In the Appellant’s brief, one sole issue was identified from the only ground of Appeal for determination in the appeal. This is as follows:

“Whether the learned trial Judge ought to have convicted the Appellant on his own plea of guilt (sic).”

The Respondent in his brief equally formulated one sole issue for determination in the appeal. It is as follows:

“Whether the learned trial Judge was right in convicting the Appellant based on his plea of guilty.”

At the hearing of the appeal on 6/2/07, the learned counsel for both parties adopted their respective briefs accordingly.

The sole issue formulated by the Appellant and that identified by the Respondent for determinations in the appeal are akin although couched differently. I prefer the couching of that formulated by the Respondent and I shall adopt it accordingly. See the cases of:

(1) Ikegwuoha V. Ohawuchi (1996) 3 NWLR (pt. 435) p. 146 and

(2) Aduku V. Adejoh (1994) 5 NWLR (Pt.346) p. 582.