KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering The Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division (the Lower Court) delivered on 6th December, 2012 setting aside the conviction and sentence of the respondent by the Federal High Court, Port Harcourt Division (the trial court) in its judgment delivered on 17th December 2008.
The respondent herein was arraigned before the trial court on a one-count charge of unlawful possession of 8 kilograms 0f Indian Hemp, otherwise known as cannabis sativa, On 22/10/2008 when he was first arraigned, his plea could not be taken, as he did not understand the language of the court. The case was
adjourned to enable the prosecution secure the services of an interpreter to interpret the proceedings from English to Hausa language and vice versa. On 1/12/08, an interpreter was available and his plea was taken. The learned trial Judge made the following record:
"PLEA OF THE ACCUSED
Charge …