(2013) JELR 46322 (CA)    

Court of Appeal  ·  CA/IL/C.67/2011 ·  7 Feb 2013 ·  Nigeria
PAUL ADAMU GALINJE (PJ) Justice of The Court of Appeal of Nigeria OBANDE O. FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
accused person
learned counsel
reasonable doubt
criminal procedure code
count charge
grounds of appeal
guilty plea
lawful authority
leading judgment
years imprisonment
12th day of december
actus reus
appellant of the offence
briefs of argument
certificate of test analysis
criminal record
due procedure
english language
federal high court
jurisdiction of this honourable court
laws of the federal republic of nigeria
learned judge
local government area of kwara state
mrs. m. o. adeleye
notice of appeal
notice of preliminary objection
nwachukwu v. state
okafor v. frn
paragraph f
paul adamu galinje jca
plea of guilt
reasonable doubts
record of this appeal shows
reply brief of argument
rules of this court
scientific aid form
sole charge
trial of the offences
urges court

PAUL ADAMU GALINJE JCA (Delivering the Leading Judgment): The Appellant herein was tried and convicted by the Federal High Court sitting in Ilorin, on one count charge of dealing in drugs under Section 11(C) of the National Drug Law Enforcement Agency Act, Cap N30, Laws of the Federal Republic of Nigeria, 2004 and was accordingly sentenced to two and a half (2 'bd) years imprisonment on the 21st December 2010. The sole charge upon which the Appellant was convicted read as follows:'97

"That you Janet Danso, Female, Adult, on or about the 12th day of December, 2010 at Bukoro village in Baruteen Local Government Area of Kwara State, within the jurisdiction of this Honourable Court, without lawful authority dealt in 2.7 Kilogrammes of cannabis sativa (otherwise known as Indian hemp) a drug similar to cocaine, heroin, LDS etc. and hereby committed an offence contrary to and punishable under section 11(c) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nige…

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