(2015) JELR 45718 (CA)    

Court of Appeal  ·  CA/OW/104/2010 ·  21 Jan 2015 ·  Nigeria
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria FREDERICK O. OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
essentials of the offence
learned counsel
indian hemp
accused person
years imprisonment
trial court
laws of the federation of nigeria
gms of indian hemp
criminal procedure act
summary trials
criminal act
notice of appeal
omoju v.
criminal procedure act cap
edighere v.
effiong v.
paras c
above argument of the learned counsel
behalf of the convict
case of rabiu v.
dicta of their lordships of the supreme court
edhigere v.
export evidence
first place
form of a government chemist report
guilty plea
honurable justice e. a. obile of the federal high court
h per ogunbiyi jsc
jurisdiction of the federal high court umuahia
leave of court
local government area of abia state
maximum sentence of life imprisonment
mens rea see
paragraph f
passionate plea of the learned counsel
plea of allocutus
resolution of issues
respective briefs of argument
said ozigbu esq
said reply brief
s. c.136
single count charge
supreme court decisions

IGNATIUS IGWE AGUBE, J.C.A.(Delivering the Leading Judgment): Before the Honurable Justice E. A. Obile of the Federal High Court, then sitting at the Umuahia Judicial Division, the Appellant was arraigned on the 4th day of February, 2010 upon a single count charge which averred thus:-

"The Charge"

That you Onyekachi Okemmiri (M) on or about the 17th day of October, 2009 at Isiukwuato Local Government Area of Abia State within the jurisdiction of the Federal High Court Umuahia without lawful authority dealt in 500 gms of Indian Hemp and thereby committed an offence contrary to Section 11 CC) of the National Drug Law Enforcement Agency Act, CAP. N 30,Laws of the Federation of Nigeria, 2004.

Dated this 3rd day of November,2009

Emeka. P. Ihechu

Prosecuting Counsel

For: Attorney General of the Federation of Nigeria".

As the charge was about to be interpreted and to him from English to Igbo Language and vice versa, the Appellant (then as Accused) remarked that he had no lawyer. Then Iheu…

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