Yahaya Umar V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

The Appellant was arraigned and prosecuted at the Federal High Court sitting in Kaduna Division. Appellant was convicted and sentenced to two years imprisonment in a judgment delivered on 10th day of July, 2014. The said conviction and sentence was confirmed by the Court of Appeal Kaduna Division in its Judgment delivered on the 5th day of February, 2016. Peeved by this Judgment, the Appellant further appealed to this Court.

FACTS OF THE CASE

On or about 23rd July, 2013 based on information, officials of the National Drug Law Enforcement Agency went to the House of the Appellant. The officers searched his house in his presence and that of his family and discovered some wraps of Cannabis Sativa in his bedroom and another quantity in a sack in his store, whereupon he was arrested and taken to their office in Zaria. At the NDLEA office, the substance recovered from the Appellant was tested in his presence and same tested positive for Cannabis Sativa which, he confirmed by thumb printing Exhibit B (certificate of test analysis form). The said substance were subsequently tested forensically

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and they also tested positive for Cannabis Sativa as evidenced by Exhibit “F” the drug analysis report signed by an Expert.

Upon his arrest, the Appellant voluntarily made a statement to the investigating officer wherein he confessed to dealing in Cannabis Sativa. The Appellant was subsequently arraigned and tried at trial Court (Federal High Court Kaduna). At the trial, the Appellant denied making the Confessional Statement the Hon. Court after reviewing the circumstance of the said Confessional Statement, admitted same as Exhibit A’. The prosecution called four (4) witnessed and tendered several Exhibits including the Cannabis – Sativa weighing 6.350 Kilograms.

At the close of the prosecution’s case, the Appellant testified on his behalf. On 10th July, 2014 Judgment was delivered by the trial Court, and the Appellant was sentenced to imprisonment. The said sentence was affirmed by the Court of Appeal in a Judgment delivered on the 5th day of February, 2016. By a Notice of Appeal on pages 129-131 containing four (4) grounds of Appeal filed on the 2nd March, 2016 the Appellant filed this appeal before this Court.

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From the said four (4) grounds of appeal, the Appellant formulated three issues for determination in this appeal Viz:

“(1) Whether Exhibit ‘A’ (the alleged Confessional Statement of the Appellant) is inadmissible and therefore wrong for the lower Court to have relied on same to convict and sentenced the Appellant to two (2) years imprisonment.

(2) Whether the necessary ingredients required by the Law to be established by the prosecution had been met to warrant/sustain the conviction and sentence of the Appellant of unlawful dealing in 6.350 Kilograms of Cannabis Sativa, a narcotic drug.(Grounds 1, & 2)

(3) Whether the decision of the Lower Court Convicting and Sentence the Appellant to two (2) years imprisonment for unlawful dealing in 6.350 Kilograms of Cannabis Sativa, a narcotic drug is not unwarranted unreasonable and cannot be supported having regards to the evidence adduced.”

The Respondent on its part formulated one (1) issue for the determination of this appeal to wit: –