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CaseLaw

Nkie Vs. AG Fed. (1981) CLR 11(a) (SC)

Judgement delivered on May 9th 2014

Brief

  • Guilty Plea - Proper plea to enter for accused who pleads guilty
  • Guilty Plea - Duty of Court where an accused person pleads guilty
  • Confessional Statement – Nature of and whether best form of evidence
  • Confessional Statement – Meaning of
  • Confessional Statement - Conditions for admissibility of
  • Section 218 Criminal Procedure Act - Interpretation of and exception to
  • Guilty Plea – Effect of on burden placed on prosecution when made
  • Section 19 of the National Drug Law Enforcement Agency Act 2004
  • Section 42 of the Evidence Act
  • Section 43 of the Evidence Act
  • Section 44 of the Evidence Act
  • Section 28 of the Evidence Act 2011
  • Section 285(1) of the Criminal Procedure Act
  • Section 285(2) of the Criminal Procedure Act

Facts

The facts of this case are straight forward. The appellant was arrested by operatives of the National Drug Law Enforcement Agency (NDLEA) for being in possession of substances suspected to be cocaine weighing 0.4 grams. Three days after his arrest, he made a statement admitting the commission of the offence. On being arraigned before the Federal High Court sitting in Port-Harcourt, he pleaded guilty to the said charge which read as follows:

"That you Francis Nkie, male, adult on or about the 22nd day of August, 2008 at Zaakpim Road Junction, Kaanan Local Government Area Rivers State within the jurisdiction of this Honourable Court without lawful authority did knowingly possessed 0.4 grammes of cocaine, a narcotic drug and thereby committed an offence punishable under Section 19 of the National Drug Law Enforcement Agency Act CAP N30 Laws of the Federation of Nigeria 2004 ."

Thereafter after pleading to the charge the Prosecution restated the facts constituting the offence and tendered in evidence the following Exhibits –

  • A.
    The substance alleged to be cocaine.
  • B.
    The certificate of test analysis
  • C.
    Packing of substance form
  • D.
    Request for Scientific Aid/Analysis Form
  • E.
    Receipt
  • F.
    Appellant's Statement.

The appellant did not object to the tendering of any of the exhibits. The Prosecution thereupon urged the Court to convict the appellant. Before his conviction the appellant made an allocutus in which he pleaded for leniency since he had no criminal record and showed serious remorse as a first offender.

On 17/12/2008 he was sentenced to 18 months imprisonment from the date of his arrest.

The appellant was not satisfied with the conviction and so appealed against it on the ground that he was not represented by Counsel and was not asked to react to the statements of the Prosecutor as well as the tendering of the exhibits in appeal No. CA/PH/388/2009. The appeal was dismissed on 10/3/2011. On 6/4/2011 he appealed to this Court.

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