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CaseLaw

Abubakar Mohammed v AFRN (2018) CLR 3(a) (SC)

Judgement delivered on March 9th, 2018

Brief

  • Indian Hemp Act and NDLEA Act
  • Constitution
  • Narcotics
  • Competency of court
  • Guilty plea
  • Summary trial
  • Arraignment
  • Jurisdiction
  • Fresh issue on appeal
  • Section 11(c) of the National Drug Law Enforcement Agency Act 2004
  • Section 26 of the National Drug Law Enforcement Agency Act 2004
  • Section 36(6) (a) of the 1999 Constitution
  • Section 33 of the Federal High Court Act 1990
  • Section 33 (2) of the Federal High Court Act 2004
  • Section 218 of the of the Criminal Procedure Act 2004
  • Section 8 of the Indian Hemp Act 2004
  • Section 4 of the Indian Hemp Act 2004/strong>
  • Section 5 of the Indian Hemp Act 2004
  • Section 6 of the Indian Hemp Act 2004
  • Section 7 of the Indian Hemp Act 2004
  • Section 215 of the Criminal Procedure Act 2004
  • Section 218 of the Criminal Procedure Act 2004
  • Section 150 (1) of the Evidence Act 1990
  • Section 168 (1) of the Evidence Act 2011
  • Section 36 (8) of the 1999 Constitution
  • Section 251 (3) of the Constitution
  • Section 36 (12) of the 1999 Constitution
  • Section 251 (3) of the Constitution
  • Section 251 (1) (s) of the 1999 Constitution
  • Section 251 (1) of the 1999 Constitution

Facts

The appellant was charged before the Federal High Court Ilorin Division on a one count of charge as follows:

  • "That you Abubakar Mohammed, male, adult on or about the 18th day of March, 2011 along Jebba/Mokwa Express Way at Bode Sa'adu in Moro Local Government Area of Kwara State within the jurisdiction of this Honourable Court, without lawful authority dealt in 20 kilogrammes of cannabis sativa (otherwise known as Indian Hemp) a drug similar to cocaine, heroin, LSD etc. and thereby committed 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."

He was arraigned on 12/4/2011. He pleaded guilty to the charge after it was read and interpreted to him in Hausa Language. The following items were tendered by the prosecution without objection and marked Exhibits A-H:

  • Statement of the appellant in Hausa and translated into English Language - Exhibit A.
  • Packing of substance form - Exhibit B.
  • Certificate of test analysis - Exhibit C.
  • Request for scientific aid form - Exhibit D.
  • Request for scientific aid form - Exhibit E.
  • Evidence pouch containing sample of the analyzed drug - Exhibit F.
  • Drug analysis report - Exhibit G.
  • Bulk Exhibit - Exhibit H.

Thereafter the prosecution applied that the appellant be convicted as charged. There was no objection from M.A. Lawal Esq. who represented the appellant. He was convicted as charged and sentenced to 21/2 years imprisonment commencing from 12/4/2011.

Being dissatisfied with his conviction and sentence he appealed to the court below.

In a unanimous judgment delivered on 26/6/2013 the lower court resolved both issues against the appellant and dismissed the appeal.

The appellant is still aggrieved and has further appealed to this court

Issues

  • 1
    Whether the lower court rightly affirmed the appellant's conviction and...
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