Ratio DecidendiRatio Decidendi


(2018) JELR 38968 (CA)    

Court of Appeal  ·  CA/IL/C.84/2017 ·  5 Jul 2018 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria

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MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an Appeal against the Judgment of A. O. Faji, J. of the Federal High Court, ILORIN delivered in Suit No. FHC/IL/10C/2015 on the 27th November, 2015.

The Appellant was charged as 2nd Accused alongside one Moshood Suleiman (Aka Kese) for offences under Section 11(c) and 19 of the National Drug Law Enforcement Agency (NDLEA) Act, Cap. N30, LFN 2004.

The Amended charge preferred against the Appellant read as follows:-



THAT YOU MOSHOOD SULEIMAN (aka KESE) and ABOLORE AYODEJI, male, Adult, 35 and 25 years respectively on or about the 22nd day of April, 2015 at Okeleru area, Ilorin in Ilorin West Local Government area of Kwara State, within the jurisdiction of this Honorable Court, without lawful authority dealt in 1.5 kilogrammes of Cannabis sativa (otherwise known as Indian hemp) a drug similar to Cocaine, Heroin, LSD e.t.c. and thereby committed an offence contrary to and punishable under Section 11(c) of th…

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