Onyekachi Okemmiri V. Federal Republic Of Nigeria (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A.(Delivering the Leading Judgment)

Before the Honurable Justice E. A. Obile of the Federal High Court, then sitting at the Umuahia Judicial Division, the Appellant was arraigned on the 4th day of February, 2010 upon a single count charge which averred thus:-

“The Charge”

That you Onyekachi Okemmiri (M) on or about the 17th day of October, 2009 at Isiukwuato Local Government Area of Abia State within the jurisdiction of the Federal High Court Umuahia without lawful authority dealt in 500 gms of Indian Hemp and thereby committed an offence contrary to Section 11 CC) of the National Drug Law Enforcement Agency Act, CAP. N 30,Laws of the Federation of Nigeria, 2004.

Dated this 3rd day of November,2009

Emeka. P. Ihechu

Prosecuting Counsel

For: Attorney General of the Federation of Nigeria”.

As the charge was about to be interpreted and to him from English to Igbo Language and vice versa, the Appellant (then as Accused) remarked that he had no lawyer. Then Iheukwu Esq for the prosecution informed the Court that they had a charge dated 3/11/2009 which he applied to be read to the Accused. Thereupon, the learned trial Judge asked the Accused whether he understood the Charge to which the Accused replied that he did understand same as interpreted to him.

Accused then pleaded guilty to the charge.

Having pleaded guilty, the Court below recorded thus at pages 2 to 3 of the Records thus:

“Court: The accused person is convicted under Section 11CC of the National Drug Law Enforcement Agency Act for dealing in Indian Hemp.

“Court: Accused do you have anything to say before you are sentenced.

“Accused: I am asking for forgiveness.