(2007) JELR 44217 (CA)    

Court of Appeal  ·  CA/A/137/C/2005 ·  19 Apr 2007 ·  Nigeria
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
mrs. ojo
accused person
learned trial judge
miscarriage of justice
accused persons
record of appeal
adequate interpretation
assistance of an interpreter
criminal offence
laws of the federation of nigeria
provisions of section
trial court
constitution of the federal republic of nigeria
exhibits a
confessional statement of the accused persons
court staff
criminal procedure act
guilt of the appellant
light of the plea
nmlr page
supreme court
virtue of section
yoruba language
2nd accused femi bayo
adult male
appellant femi bayo
case of ahmed v
case of amala v. state
enforcement agency act
federal high court abuja
federal supreme court
interpreter of the charge
kilogrammes of indian hemp
kogi state
lawful authority
leading judgment
learned counsel
learned trial judge ought
national drug law
nigerian drug law enforcement agency
present case
prosecuting counsel mrs. judy-agba
said mrs. ojo
sworn interpreter
v. zaria native authority

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This Appeal is against the decision of B.F.M. Nyako J, of the Federal High Court Abuja, Abuja Division delivered on 20/4/04.

The Appellant Femi Bayo was on the 5th March, 2004 charged along with one Shola Sunday. The Charge reads as follows:

"That you Shola Sunday and Femi Bayo, adult Male on or about the 13th day of October, 2003 at No. 32, Kano Road, Kabba, Kogi State, within the jurisdiction of this Honourable, Court without lawful authority dealt in 131.4 Kilogrammes of Indian hemp and thereby committed all offence contrary to and punishable under Section 10(c) of the National Drug Law, Enforcement Agency Act, Cap 253, Laws of the Federation of Nigeria, 1990."

When this charge was read to the accused persons and explained to them in Yoruba, they pleaded guilty to the charge and were accordingly convicted. The accused persons pleaded for mercy and were sentenced to 12 months imprisonment.

In passing his sentence the learned tria…

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