AGAGARAGA
V.
FRN

(2006) JELR 46323 (CA)    

Court of Appeal  ·  CA/PH/256/2001 ·  2 Mar 2006 ·  Nigeria
 · 
Other Citations
Agagaraga v. F.R.N. (2007) 2 NWLR (Pt. 1019) p.586
Agagaraga v. F.R.N. (2007) 2 NWLR (Pt. 1019) 586
CORAM
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
section
offence
court
learned counsel
trial court
cannabis sativa
trial judge
court clerk
accused person
lawful authority
dongban-mensem
english language
reasonable doubt
bulk of the exhibit
constitution of the federal republic of nigeria
criminal procedure act cap
double jeopardy
grounds of appeal
ndlea act cap
sufficient proof
years imprisonment
abia state
abia state of nigeria
above documents
bindingness of the records of proceedings
charge sheet
conviction of the appellant
criminal procedure law
entire proceedings
evidence act
facts of the instant appeal
following cases
further shows
issues of the appellant
language of the court
laws of the federal republic of nigeria
leading judgment
possession of indian hemp
preview of the lead judgment
records of the court
records of the lower court bind
records of the trial court
records of this appeal
said issue
said learned counsel
short summary trial
substance form
substance form thumb

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): On the 11th day of July 2001, the Hon. Justice A.M. Liman of the Federal High Court Holden at Umuahia, Abia State of Nigeria, convicted the appellant and sentenced him to a term of ten years imprisonment without an option of fine. The offence as stated in the charge sheet was "...dealing in 34.0 kilograrns of Indian Hemp... known as Cannabis Sativa, without lawful authority contrary to and punishable under section 10 (c) of the NDLEA Act Cap 253 of the LFN 1990" It was a short summary trial, the appellant having pleaded guilty to the offence.

The appellant has now come to this court upon three grounds of appeal challenging his conviction and sentence.

Two issues were formulated for the appellant for determination. The respondent however merged the issues of the appellant into one. I agree with the learned counsel for the respondent that the appeal can be resolved upon the issue for formulated for the respondent.

This appeal sha…

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