CaseLaw
Ugwanyi Vs. FRN (2012) CLR 3(j) (SC)
Judgement delivered on March 23rd 2012
Suit No: SC.190/2010
Brief
Facts
The facts are these. The appellant is a trader. On the 16th day of November, 2000 he boarded a lorry bound for Sokoto. On getting to Bodinga, the lorry ran into a team of NDLEA operatives patrolling the Sokoto/Birnin Kebbi Road. The lorry had to stop and all the passengers were ordered to disembark with their luggage, Bitrus Ajiku Damudu (PW1) a Chief Narcotic Agent was in the team of NDLEA operatives. He approached the appellant, demanding to search his luggage. The appellant said his luggage contained used video machine and parts. A search revealed twelve boundles neatly wrapped and stuck down with sellotape. PW1 tore open one bundle and saw a substance that he suspected to be Indian Hemp. The appellant was arrested by PW1 and taken to the NDLEA office for further interrogation. At the office Ibrahim Musa (PW2) an Assistant Superintendent of Narcotic 1 used a United Nations Testing Kit to test a Quantity of the substance from the appellant's luggage. (Dry leaves). This was done in the presence of the appellant, and it was found to be Indian Hemp. It weighed 26 kilograms. Exhibits, D1- D12. Forms on testing, weighing and packing the substance were signed by PW1- PW2 and the appellant. Exhibits A, B, and C. A drug analysis report, Exhibit E, E2 turned out to be positive. The dried leaves in the appellant’s luggage were Indian Hemp.
Initially the case was before Akanbi J. Trial commenced on the 16th of July 2002. On the 18th of July 2002 the appellant was admitted to bail, and on the 15th of May 2003 the court was informed that the appellant had jumped bail. On the 22nd of September 2003 the case was sent to Hobon J for trial to commence denovo. It was not until the 13th of February 2004 that the appellant was arrested and brought before Hobon J. He was nowhere to be found for over one year. He explained to the court that he went with a friend to Goronyo in Niger State in search of a man who had his money, but that he and his friend were arrested for possession of drugs and taken to prison in Niger Republic, and it was not until the 27th of December 2003 that he was released from prison. Returning to Nigeria he was arrested in Sokoto and brought before Hobon J for the first time on the 13th of February, 2004.
Learned counsel for the appellant observed that the substance was tested by PW2, an exhibit keeper and not by an expert as required by law. Reference was made to Exhibit A. Azu v. State 1993 6 NWLR pt.299 p.303.
He submitted that evidence of PW2 is not admissible as evidence of an expert because he failed to state in his evidence in Chief his qualifications and years of experience. He further observed that PW2 said that he sent 2 grams of the substance for laboratory analysis in Lagos, but that it was 5 grams that was shown on the Drug analysis report, and that it took four years for the report to be returned. He argued that it is doubtful if Exhibit E is the result of the analysis of Exhibit D1 - D2 contending that the doubt ought to be resolved in favour of the appellant. Reference was made to Bozin v. State 1985 2 NWLR pt 8 p.455
Concluding he submitted that the prosecution failed to comply with the provisions of Sections 43 and 65 of the evidence Act, contending that the prosecution also failed to prove its case beyond reasonable doubt.