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CaseLaw

Lawson V. State (1975) CLR 4(d) (SC)

Judgement delivered on April 30th 1975

Brief

  • Possession of Indian hemp
  • Conspiracy
  • S.64(c) Criminal Procedure Act

Facts

On the morning of the 3rd day of November, 1973, a driver in the regular em-ployment of the 1st appellant, returned to Lagos from the 2nd appellant who habitually lived in Abeokuta, with a large quantity of Indian hemp contained in two suitcases which were later identified at the Ikeja Airport amongst the luggage of the 1st accused, Francis Tete Lawson, who was booked on a flight to London in the United Kingdom. The 2nd appellant admitted that those two boxes there were hers and a further search of her home in Abeokuta led to the discovery of another two large bags of Indian hemp which were brought down to Lagos by the Police. At the Customs, the 5th accused, Dominic Bassey, a Customs official who should in the events not have been on duty on the day and time concerned, was shown to have irregularly passed the suitcases and channeled them into the container from where they should be loaded on to the plane.

There was also evidence that the second appellant had a large quantity of Indian Hemp inside her house in Abeokuta in the Western State: the police took the view that she always had that large stock from which she regularly drew, and charged her in Lagos with being in possession of that quan¬tity of Indian Hemp at Abeokuta.

The learned trial judge discharged all the accused persons on the count of conspiracy but convicted the appellants on the other counts.

The appellant appealed to the Supreme Court.

Issues

  • 1.
    Whether an accused person discharged for the offence of conspiracy must...
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