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…