n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Nura Ochala Vs. F.R.N (2016) CLR 1 (r) (SC)

Judgement delivered on January 29th 2016

Brief

  • Jurisdiction
  • Offences on drugs, poison and Indian hemp

Facts

Appellant was arrested on 23rd day of September, 2011 at Banni Village in Kaima Local Government Area of Kwara State with 8.8 kilogrammes of Cannabis Sativa (Indian hemp). Appellant was charged on a one count charge by a charge dated 24th October, 2011 which reads as follows:-

  • “That you NURA OCHALA, male, adult, on or about the 23rd day of September, 2011, at Banni Village in Kaiama Local Government Area of Kwara State within the Jurisdiction of this Honourable Court, without lawful authority deal in 8.8 Kilogrammes of Cannabis Sativa (otherwise known as Indian hemp) a drug similar to Cocaine, Heroin, LSD etc, thereby committing 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".

Prosecution in proof of its case filed proof of evidence contemporaneously with the confessional statements of the Appellant.

The Appellant was arraigned in court on 9th November, 2011 and he was ably represented by M. A. Lawal (Mrs.).

The charge was read and explained to the appellant in English Language on 9th November, 2011 and he perfectly understood same. Appellant pleaded guilty to the charge. The prosecution presented facts of the case by tendering all relevant exhibits in proof of the charge. The Exhibits tendered by the prosecution in the presence of the appellant and his counsel include statement of the appellant as the accused person before the Lower court, packing of substance form, Certificate of test analysis, request for scientific aid form, drug analysis report, evidence pouch and 8.8 kilogrammes of Cannabis Sativa (Indian hemp) recovered from the accused person.

All the exhibits were tendered and admitted as Exhibits A-H- H2 without any objection from the counsel for the Appellant. The prosecution proceeded by praying the court to convict the appellant based on the documents tendered and admitted by the Lower court against which the counsel for the appellant did not raise any objection and the Lower court convicted the appellant as charged. Thereafter, the counsel for the appellant made the allocutus and the Lower court thereafter sentenced the appellant to 18 months imprisonment. The appellant was 42 years of age at the time of his conviction and sentence with record of drug related transactions as a bulk purchaser and retailer of illicit drugs.

Appellant, aggrieved with the judgment conviction and sentence of the trial Federal High Court appealed to the Court of Appeal but the Lower Court affirmed what the court of first instance did, again, dissatisfied, the Appellant has sought recourse to the Apex Court.

Issues

Whether the Court of Appeal was right when it held that the trial court had...

Read More