HELEN MORONKEJI OGUNWUMIJU JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Okon Abang of the Federal High Court Lagos delivered on the 7th day of December 2009. The Appellant was sentenced to life imprisonment. Being aggrieved the Appellant has appealed. The facts which led to this appeal are as follows:
The Appellant was charged as follows on a one court charge as follows:
"That you Adedeji Adesanya 'Male' Adult, Nigerian, on or about the 30th day of July 2009, at Gbaji, NDLEA checking point along Badagry-Seme Expressway without lawful authority imported 2kg of Indian hemp, a Drug similar to Cocaine, Heroin, LSD, thereby committing an offence contrary to and punishable under section 11(a) of the NDLEA Act, CAP N30, LFN, 2004.''
The case had been called on the 2nd, 5th, 9th and 16th of November 2009 but on all these dates, the Respondent did not produce the Appellant from its custody and apart from 2nd November 2009; the accused was …