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LAWRENCE
V.
FRN

(2018) JELR 39171 (CA)    

Court of Appeal  ·  CA/L/279C/2016 ·  9 Mar 2018 ·  Nigeria
CORAM
YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
section
sentence
accused person
trial court
ndlea act
life imprisonment
sentence of life imprisonment
appellate court
cap n30 laws of the federation of nigeria
lawful authority
legal representation
mandatory sentence
fair hearing
lesser sentence
lower court
sole issue
cannabis sativa
constitutional right
maximum sentence
nature of the charge
12th day of february
clear terms
count charge
criminal code
jurisdiction of this honourable court
narcotic drug
plea of allocutus
police force
above conditions
bridge ojota lagos state
brief facts of the case
discretion of the lower court
failure of the appellant
following reasons
further proof of its case
general circumstances of this case
guiding principle
hearing of this appeal
judgment of the federal high court
leading judgment
learned trial judge of the court
light of the guilty plea of the accused person
lower court ought
only line of offences
section of the law
such sentence
yargata byenchit nimpar

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Lagos delivered on the 9th December, 2015 by HON. JUSTICE R. N. OFILI-AJUMOGOBIA wherein the Appellant was convicted and sentenced to life imprisonment with hard labour for dealing in cannabis sativa otherwise known as Marijuana.

The brief facts of the case are simply that the Appellant was arraigned before the trial Court on one count charge for dealing in Cannabis sativa which read as follows:

"That you ALUGWU LAWRENCE, Male, 32 years old on or about the 12th day of February, 2015 at under Bridge Ojota Lagos State within the jurisdiction of this Honourable Court without lawful authority dealt in 220 grammes of cannabis sativa (otherwise known as marijuana) a narcotic drug similar to Cocaine, Heroin, LSD e.t.c. and thereby committed an offence contrary to and punishable under Section 11(c) of the National Drug Law Enforcement Agency Act, CAP N30 Laws of the …

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