JUMMAI HANNATU SANKEY, J.S.C.(DELIVERING THE LEADING JUDGEMENT): This appeal is against the decision of the Court of Appeal, llorin Judicial Division (hereinafter referred to as the “Court below”) which affirmed, in part, the decision of the Federal High Court, llorin Judicial Division (the “trial Court”).
The Appellant herein was arrested on 6th January, 2010 along the llorin/Jebba road by officers of the NDLEA. He was found to be in possession of a Bagco Bag containing substances suspected to be Indian hemp. Subsequently, he was brought before the trial Court on a two-count charge of dealing in and being in unlawful possession of 35kg of Cannabis sativa (otherwise known as Indian-hemp) contrary to Sections 11 (c) and 19 of the National Drug Law Enforcement Agency (NDLEA) Act Cap N30, LFN 2004. He pleaded guilty to both counts of charge. Based on his guilty plea, the trial Court convicted and sentenced him to a term of three years imprisonment on the 1st count and fifteen years on th…