This is an appeal against the judgment of the Court of Appeal, Port-Harcourt Division, hereinafter referred to as the lower court, affirming the conviction and sentence of the appellant by Federal High Court, hereinafter referred to as the trial court, sitting in Port-Harcourt in charge No. FHC/PH/203C/2008. The judgment of the lower court being appealed against in this Court on two grounds was delivered on 10th April, 2013. The brief facts that brought about the appeal are stated below.

The appellant was tried and convicted at the trial court on a two count charge of knowingly and without lawful authority being in possession of 800 grammes of Indian Hemp, otherwise known as Cannabis Sativa, and 0.6 grammes of Cocaine, both substances being narcotic drugs, in breach of Section 19 of the National Drug Law Enforcement Agency Act CAP N 30 laws of the Federation of Nigeria 2004. The first time the charges were read to him by the trial judge, the appellant pleaded not guilty to both. In the course of the trial the appellant changed his plea to one of being guilty whereupon the trial court adjourned the case at the instance of the respondent to enable it "review the facts" of the case. At the subsequent hearing of the matter, appellant was represented by counsel on which date the appellant maintained his plea of guilty to the heads of charge.

The prosecution relied on the facts as contained in the charges, the scientific report in respect of as well as the Indian hemp and Cocaine recovered from the appellant and in respect of which he was being tried, Appellant counsel did not object.

The trial court proceeded to convict and sentence the appellant on the two counts of charge. The instant appeal is a further appeal from the lower court's affirmation of the trial court's conviction and sentence of the appellant.