The Federal Government Of Nigeria V. Goke Olaolu (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I.M.M. SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal is a consequence of the decision of the Federal High Court, Lagos Judicial Division, which was delivered on February 5, 2008 by the Hon. Justice Charles Etanga Archibong.

The facts and circumstances surrounding the case are discernible from the record of appeal, especially from pages 2 – 11, thereof. On February 5, 2008, the Respondent was arraigned before the court below on a one count charge, contained at page 2 of the record thus:

CHARGE

That you GOKE OLAOLU, Male, adult, on or about the 19th day of March, 2007 of Olufunmilayo Street Mushin, Lagos, within the jurisdiction of this Honourable Court, without lawful authority, dealt in 750 grammes of Cannabis Sativa also known as Indian Hemp which is a drug similar to Cocaine, Heroin or LSD and thereby committed an 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 7990 (as amended).

Dated this 13th day of July 2007

Signed

AMAOBI I.C. (ESQ)

Prosecuting Counsel

For: Attorney General of the Federation

The Appellant’s counsel, one K. Ayenugba Esq. was recorded to have appeared for the prosecution. The Respondent was not at all represented by a counsel on that day. At page 10 of the record, the following scenario was recorded to have evolved:

Accused present.

K. Ayenugba Esq. for the Appellant.

Court: Read the charge. Accused pleads guilty.