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CaseLaw

Blessing V. FRN (2015) CLR 5(c) (SC)

Judgement delivered on May, 15th 2015

Brief

  • Valid arraignment.
  • Effect of Section 215 of the Criminal Procedure Law and Section 33(6)(a) of the 1979 constitution.
  • Unlawful possession of Indian hemp.
  • Confession.
  • Confessional statements.
  • Concurrent findings of the lower courts.
  • Admissibility of evidence.
  • Non-compliance with Section 57 of the Evidence Act, 2011.

Facts

The appellant was charged on a three count charge of unlawful dealing with Indian hemp and unlawful possession of Indian hemp. Upon arraignment, the appellant pleaded not guilty to each count.

The appellant was charged on a three count charge of unlawful dealing with Indian hemp and unlawful possession of Indian hemp. Upon arraignment, the appellant pleaded not guilty to each count.

In the course of the trial, an objection was raised by the appellant to the admissibility of the statement made by same to the officers of National Drug Law Enforcement Agency (NDLEA) stating it was made involuntarily .The trial court held the statement to be voluntary at a trial within trial that was conducted, admitting same as evidence.

The appellant was discharged and acquitted on unlawful dealing with Indian hemp but was found guilty for unlawful possession of the substance which led to a sentence of a term of fifteen (15) years imprisonment.

Upon dissatisfaction, the appellant appealed to the Court of Appeal which affirmed the decision of the trial court.

A further appeal was filed at the Supreme Court.

Issues

  • 1
    Whether the Court of Appeal was right when it held that the plea of the...

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