(2006) JELR 46209 (CA)    

Court of Appeal  ·  CA/I/73/2005 ·  25 May 2006 ·  Nigeria
Other Citations
Amanchukwu v. F.R.N. (2007) 6 NWLR (Pt.1029)
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria GERTRUDE IFUNANYA UDOM-AZOGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
fair hearing
life imprisonment
counsel of his choice
particular details
accused person
learned trial judge
trial judge
constitution of the federal republic of nigeria
criminal procedure act
lawful authority
learned trial judge ought
miscellaneous offences tribunal
4th october
armed robbery
attorney-general of the federation
charge read
emma amanchukwu
issue of counsel
legal representation
opportunity of legal representation
6th day of august
appellant make effort
appellant oladipo okpeyesi esq
chief ajibola aribisala san chambers
clear admission of the prosecution
committed offence
contentious aspect of this case
court notes
desire of the appellant
final result
following requirements
gravity of the sentence
guilty carries
issue of fair hearing
leading judgment
mallam aminu kano international airport
miscellaneous offences tribunal rules of practice
principles of fair hearing
prosecution counsel m. a. dunion
reasonable time
sentence of life imprisonment
sentence of r. n. donli j.
trial court

UDOM-AZOGU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment and sentence of R. N. Donli J. delivered on 4th October, 1990 at the Miscellaneous Offences Tribunal sitting in Kano. The charge is reproduced hereunder:

"The Attorney-General of the Federation hereby charge you Emma Amanchukwu as follows:

That you Emma Amanchukwu on or about the 6th day of August, 1990 at Mallam Aminu Kano International Airport, Kano during the inward clearance of flight KL 585 imported 600 grammes of heroine by concealing same in his body without lawful authority and thereby committed offence contrary to and punishable under section 10(a) of the National Drug Law Enforcement Agency Decree No. 48 of 1989."

Records show that on the 4th day of October, the accused was in court and opted to speak English. The Prosecution Counsel M. A. Dunion with A. O. Oduguwa were in court too. On the issue of counsel for the accused the following transpired between the accused and the tribunal…

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