HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Kaduna in Suit No FHC/KD/33C/2009 and delivered by Honorable Justice M.L. Shuaibu on the 30th of June, 2010. The Appellant, along with one Chinedu Ugwu, was arraigned before the lower Court on a three count charge of, without lawful authority, trafficking/transporting, aiding one Mr. Obinna to deal in and being in possession of 648 kilogrammes of cannabis sativa, otherwise known as Indian hemp, a narcotic drug contrary to the provisions of Sections 11(b), 14(b) and 19 of the Nigeria Drug Law Enforcement Agency Act of 2004.
The Appellant pleaded Not Guilty to the charge and the matter proceeded to trial and during which the Respondent, as the prosecution, called three witnesses and tendered several exhibits, inclusive of the confessional statements of two accused persons, while the Appellant and his co-accused testified in their defence. …