This appeal is against the judgment of the Miscellaneous Offences Tribunal, Kaduna Zone which found the Appellant and one Steven Alele guilty of dealing in 198.5 kilograms of Indian Hemp otherwise known as Cannabis Saliva without lawful authority contrary to section 10(c) of the National Drug Law Enforcement Agency Decree No, 48 of 1989. Both accused persons were sentenced to a minimum of 15years imprisonment each with a recommendation that the sentences be reduced to 10years imprisonment each.
They were dissatisfied with the whole decision and appealed to the Court of Appeal. Their appeal was dismissed hence the further appeal to this court. The facts of the case are contained in the examination-in-chief of the P.W.2- Police Sergeant No.36338 Zabairu Ahmed attached to Rigachikun Police Station, Kaduna who arrested both accused persons with bags of the said Indian Hemp. He testified as follows:
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"....................I know both accused persons. On 13-9-91 on Friday at 8.30 a.m. I was from Mararaban Jos, Jos Road near Ajarobas garage. I saw 8 bags of garri on the side of the road on a polythene. I saw the garri pouring and on closer look it was black. I asked for the owner of the goods. Solomon kept silent but a Commission agent pointed at Solomon that he was the owner of the goods, I went to him (Solomon) and asked him why I was asking for the owner of the goods and he kept mute. He said he was calling me but I did not see him. I asked him where he was from. He said he was from Ondo State. I asked what was in the bags of garri. He said it was business. He said the bags contain leaves. I asked what type of leaves? He said I should understand. I asked for his name again and he said Solomon. I asked him how many of them are travelling with the goods. He asked why I was asking him. I told him that I saw a man running to the back of the house. He said the goods belonged to him. I showed him my identification card that I am a policeman living in the area. I told him that I was taking him to my master for investigation. I took him together with the bags of garri to the Police Station Rigachikun. I came back to Mararaban Jos and told the Commission agent that I suspected that Solomon was not alone. I instructed him to arrest whoever came looking for Solomon or enquiry (sic) about the garri. On 14/9/91 in the evening when one of the Commission agents informed me that somebody was looking for Solomon, I followed him to where the person making the enquiry was. I asked him for his name, he said Steven. -------------------------- I asked him whether he was not the one who ran away when I got hold of his relation. He took to his heels again and he was pursued and arrested."
This is the evidence of an eye witness (P.W.2). The evidence of the other eight prosecution witnesses made up of investigating police officers and the Food and Drug Analyst of the National Drug Law Enforcement Agency are formal. The Commission agent was not called to testify by the prosecution.
