(2002) JELR 44679 (SC)    

Supreme Court  ·  SC.292/2001 ·  29 Apr 2002 ·  Nigeria
Other Citations
Ogboh v F.R.N (2002) 10 NWLR (Pt.774)21 (2002) 4 S.C (Pt.II) 106
Ogboh v. F.R.N. (2002) 10 NWLR (Pt. 774) 21
EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
defence counsel
accused persons
fair hearing
mr. ochu
criminal offence
years imprisonment
constitution of the federal republic of nigeria
hearing of the case
learned justices of the court of appeal
legal practitioner of his own choice
court of appeal
kano native authority
kilograms of indian hemp
lawful authority
mararaban jos
ondo state
service of the hearing notice
trial court
breach of the rule of audi alteram partem
case of possession
chairman of the tribunal ought
criminal proceedings
e. o. ogwuegbu
evidence of an eye-witness
facts of the case
fair hearing of this charge
flimsy reason
following facts
following issues
high court judge
judgment of the miscellaneous offences tribunal
kano n. a
kano n. a. v
leading judgment
order set
police sergeant
principles of fair hearing
prosecution witnesses
reasonable time
record shows
records of appeal
said judgment
second issue
wrongful exercise of the trial courts

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Miscellaneous Offences Tribunal, Kaduna Zone, which found the appellant and one Steven Alele guilty of dealing in 198.5 kilograms of indian hemp otherwise known as Cannabis Sativa without lawful authority contrary to section 10(c) of the National Drug Law Enforcement Agency Decree No. 48 of 1989. Both accused persons were sentenced to a minimum of 15 years imprisonment each with a recommendation that the sentences be reduced to 10 years imprisonment each.

They were dissatisfied with the whole decision and appealed to the Court of Appeal. Their appeal was dismissed hence the further appeal to this court. The facts of the case are contained in the examination-in-chief of the P. W. 2 - police sergeant no. 36338. Zabairu Ahmed attached to Rigachikun Police Station, Kaduna, who arrested both accused persons with bags of the said indian hemp.

He testified as follows:-

"...I know both accus…

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