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OCHALA
V.
FRN

(2013) JELR 35704 (CA)

Court of Appeal 19 Jun 2013 Nigeria
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Case Details

Suit Number:CA/IL/C.38/2012
Judges:PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Counsel:Abiola Olagunju, Esq. For Appellant Adeola Omotunde, Esq. For Respondent

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering The Leading Judgment): This appeal germinated from the judgment of the Federal High Court, Ilorin Division, coram, A. O. Faji, J., in charge No.FHC/IL/38C/2011, delivered on 09/11/2011, wherein the appellant was convicted and sentenced to a term of imprisonment.

The facts of that case, which culminated in this appeal, before the lower Federal High Court was brief. On 23/09/2011, officers of the National Drug Law Enforcement Agency, Kwara State Command, conducted a search in the appellant's house at Banni village,in Kaima Local Government of Kwara State. In the course of that search, the officers found on the appellant dried weeds, suspected to be Indian hemp otherwise known as cannabis sativa. As a consequence, the appellant was arrested by those officers.

After the preliminary investigation and field tests, the National Drug Law Enforcement Agency, Kwara State Command, acting for the Attorney General of the Federation, arraigned the appellan…

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