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 …

LAWRENCE V. FRN

LAWRENCE
V.
FRN