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MUMINI
V.
FRN

(2018) JELR 39563 (SC)

Supreme Court 9 Mar 2018 Nigeria
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- The appellant was charged before the Federal High Court with unlawful dealing in 10kg of cannabis sativa (Indian hemp) contrary to Section 11(c) of the National Drug Law Enforcement Agency Act, Cap N30 LFN 2004 (NDLEA Act), pleaded guilty

Case Details

Suit Number:SC.472/2013
Judges:OLABODE RHODES-VIVOUR JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC JOHN INYANG OKORO JSC CHIMA CENTUS NWEZE JSC EJEMBI EKO JSC
Counsel:Ayodeji O. Omotoso, Esq. with him, O.C. Eze, Esq. and M.E. Igwurube, Esq. For the Appellant; J.N. Sunday, Esq. (Director, Prosecution and Legal Services, NDLEA) with him, S. I. Mark, Esq. (Asst. Chief Legal Officer, NDLEA) For the Respondent.

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Appellant was tried for unlawful dealing in 10kg of cannabis sativa (Indian hemp). He pleaded guilty upon arraignment and was summarily convicted and sentenced to 2 years imprisonment by the Federal High Court (Coram: Faji, FJ.). His conviction and sentence, upon appeal to the Court of Appeal (the Lower Court) where the sole issue was about the jurisdiction of the trial Court, were affirmed by the Lower Court.

Jurisdiction of the trial Federal High Court is still the sole issue in this further appeal brought by the convict Appellant. For the Appellant the sole issue has been couched thus by his counsel -

"Whether having cognizance of the charge preferred against the Appellant at the trial Court, the Court below was correct when it upheld the decision of the said trial Court that it was seised of the requisite jurisdiction to entertain the proceedings undertaken pursuant thereto?"

The charge, on which the proceedings culminating in…

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