Usman Babangida V. Federal Republic Of Nigeria (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of Honourable Justice N. I. EKUNWE of the Federal High Court sitting at Ilorin dated 27th day of January, 2016 in charge No. FHC/IL/17C/2015.

The Appellant was arraigned at the Federal High Court, Ilorin on 13/01/2016 following his arrest on 17/10/2015 with 33 Kilograms suspected substance later tested to be Cannabis Sativa (Indian Hemp).

The Appellant was charged as follows:-

New ?That you USMAN BABANGIDA, Male, Adult, 32 Years on or about the 17th day of October, 2015, at Inwala Area in Kaiama Local Government Area of Kwara State, within the jurisdiction of this Honourable Court, without lawful authority dealt in 33 Kilograms of Cannabis Sativa (otherwise known as Indian Hemp) a drug similar to Cocaine, Heroin, LSD etc., thereby committing an offence contrary to and punishable under Section 11(C) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria, 2004.”

The charge was read, interpreted and explained to the Appellant whereafter he pleaded Guilty to it. On 27th

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day of January, 2016, the prosecution prayed the Court to present the facts and called PW1 New ? AHMED A. SULEIMAN (NDLEA Kwara State Command New ? Exhibit Officer) who tendered documents/Exhibits in support of the prosecutionNew ?s case.

The documents/Exhibits tendered by the prosecution are as follows:-

i. Statement of the Defendant recorded in Hausa language and the translation into English language.

ii. Packing of Substance Form.

iii. Certificate of Test Analysis.

iv. Request for Scientific Aid Form.

v. Drug Analysis Report.